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HomeMy WebLinkAbout20030236 Ver 1_COMPLETE FILE_20030303WILLIAMS REALTY AND BUILDING CO., INC. 3111 GLENWOOD AVE. (27612) • P.O. BOX 18271 RALEIGH, N.C. 27619 TELEPHONE: (919) 781-7107 FAX: (919) 787-2316 Realtors-Builders AO11N C. WIIAAAMS TOEL T. C, WILLIAMS 1. CROSS WILLIAMS. AR. OWEN U. WILLIAMS WETLANDS / 401 GROUP APR 3 X003 April 1, 2003 WATER (QUALITY SECTION Mr. John R. Dorney N.C. Division of Water Quality 401 Wetlands Certification Unit 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Re: Macon Pond Road / Chaucer Investments LLC Dear Mr. Dorney: I am requesting that you allow me more time to submit the needed information you requested in your letter dated March 13, 2003. We are diligently working on the needed wetlands information and storm water management practices. I expect them to be completed next week and I will send the needed copies. Sincerely, G. Lee Singleton OF W A7. Michael F. Easley, Governor O pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources j Alan Klimek, P.E., Director Division of Water Quality Q .r March 13, 2003 DWQ # 03-0236 Wake County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Chaucer Investments,l LLC Attn: Lee Singleton 3111 Glenwood Avenue Raleigh, NC 27612 Dear Mr. Singleton: On March 03, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill waters for the purpose of commercial construction in Wake County. Approval from DWQ is required to disturb these wetlands. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500. 1. Please provide the location of any proposed stormwater management practices as required by GC 3362 as the site appears to exceed 30% impervious cover. Also, the stormwater discharge will have to comply with 15 A NCAC 2B .0233. 2. Please provide detail for the stormwater management practices as required by 3362 and the Neuse Buffer Rules. Please telephone Todd St. John at 919-733-9584 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H.0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Program JRD/bs cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers Central Files File Copy James Spangler, II, Spangler Environmental, Post Office Box 387, Raleigh, NC 27602-0387 N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands Sincerely, Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. A If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing Check all of the approval(s) requested for this project: X Section 404 Permit Section 10 Permit 401 Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: V, II. Applicant Information 1. Owner/Applicant Information Name: Chaucer Investments, LLC - Lee Singleton Mailing Address: 3111 Glenwood Avenue Raleigh, NC 27612 Telephone Number: 919-781-7107 E-mail Address: Fax Number: 919-787-2316 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: James A. SDanaler. II Company Affiliation: Spangler Environmental, Inc. Mailing Address: PO Box 387 Raleiah. NC 27602-0387 Telephone Number: 919-546-0754 E-mail Address: sec incabellsouth.net Fax Number: 919-546-0757 Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lee Property 2. T.I.P. Project Number or State Project Number (NCDOT Only) 3. Property Identification Number (Tax PIN) 0785636290 N/A 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Adjacent to the south side of Macon Pond Rd., just west of Blue Ridge Rd., Raleigh, NC (see Tab 1, Figure 1) 5. Site coordinates, if available (UTM or Lat/Long): N 350 49.162', W 780 42.460 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Describe the existing land use or condition of the site at the time of this application: The site is currently vacant and contains low quality vegetation such as Tulip poplar (Liriodendron tulipifera), Red maple (Ater rubrum), Greenbriar (Smilax glauca) and Japanese Grass (Microstegium vimineum). 6. Property size (acres) 2.09 Ac. 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Richland Creek (see Tab 1, Figure 1) 8. River Basin: Neuse River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp://h2o.enr.state.nc.us/admin/maps/.) Page 6 of 12 9. Describe the purpose of the proposed work: Proposed commercial office building and parking facility List the type of equipment to be used to construct the project: Bulldozers, back hoes, dump trucks and graders 10. Describe the land use in the vicinity of this project: Commercial office development to the east; residential development to the west; and vacant land to the north and south. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** A Fill 0.315 No N/A Freshwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.315 Total area of wetland impact proposed: 0.315 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.tnapgticst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name Wat) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): 0 uplands F-1 stream Describe the method of construction (e.g., dam/embankment, excavation, draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Economic viability of the project could not be realized under a total avoidance scenario due to the area of developable land. Furthermore, the building volume could not be reduced to a one or two story structure in order to minimize impact due to a parking lot requirement of 4 spaces per 1000 sq. ft. of building volume. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Elwetlands installation of Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for proposed impacts will be achieved through the purchase of credit from the North Carolina Wetland Restoration Program. Due to spatial constraints involved with this project that limit the potential for avoidance and minimization, it is anticipated that mitigation will be required at a 2:1 ratio. Thus, the applicant proposes to fund the creation, restoration and/or enhancement of a 0.630-acre wetland area within the Neuse River Basin as compensation for this proposed impact. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401 /Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.Lis/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes [-] No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ZIf you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation Total 0.630 Page I 1 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. N/A X1. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. DISCUSS stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. N/A X11. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. City of Raleigh sanitary sewer will be utilized to convey wastewater offsite. X111. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes F? No X Is this an after-the-fact permit application? Yes No 41 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A .J ?j21 E? ? S?RrU? Lam? f C. /_'?9A/? ? T/1." 1/?S: A/Ey?? LL C _ v ? ? AppZt, 7c nt/ rent's Signature Date (Ag ?ignature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 WILLIAMS REALTY AND BUILDING CO., 3111 GLENWOOD AVE. (27612) • P.O. 130X 18271 RALEIGH, N.C. 27619 TELEPHONE: (919) 781-7107 FAX: (919) 787-2316 P,vnllor.c-Bitildvr.< ;,MNhiha.'f i 111 LLIAM.', February 21, 2003 Ms. Amanda Jones Coles of Engineers-Raleigh 6508 Falls of Neuse Road suite 120 Ralei« h. NC 27615 Dear Ms. Jones: This letter is to inform you that Chaucer Investments LLC authorizes Spangler Environmental to act as our technical agent for the purpose of environmental issues. including wetland identification, permitting and regulatory coordination at the property located on Macon Pond. Raleigh NC. All site visits need to be coordinate with Spangler. Please feel free to contact me if needed: G. Lee Singleton Chaucer Investments LLC 3111 Glenwood Avenue Raleigh, NC 27612 (919) 781-7107 Sincerely. ixe Zufleton U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221462 County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner Chaucer Investments, LLC Attn: Lee Singleton Address 3111 Glenwood Avenue Raleigh NC 27612 Telephone Number 919-781-7107 Authorized RECEIVED SEP 1 6 2001 Agent. Spangler Environmental, Inc. Attn: Jim Spangler Address 224 Fayetteville Street Mall, Suite 400 Raleigh NC 27602-0387 Telephone Number 919-546-0754 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is located on the south side of Macon Pond Road, approximately 400 feet west of its intersection with Blue Ridge Road, in Raleigh, Wake County, North Carolina. Basis for Determination: The site contains wetlands with indicators of ordinary high water marks, located adjacent to an unnamed tributary of Crabtree Creek, in the Neuse River Basin. Indicate Which of the Following Apply: X There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final .jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Project Manager Signature eat Date September 12, 2002 Exp n Date September 12, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. -?''1J •J JJJ vim: ?LV(. Applicant: Chaucer Investments, LLC File Number: 200221462 Date 9-12 Attached is: See Secti( ? INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) I PROFFERED PERMIT Standard Permit or Letter of permission) C PERMIT DENIAL L X APPROVED JURISDICTIONAL DETERMINATION F PRELIMINARY JURISDICTIONAL DETERMINATION `-SECTION.-I' Thd,?fglliINM identtfes your rights' and'optionI s regarding an administrative appeal`oftl decisions "Additionatanformation_may be.found at http://usacc.ar .mil/inet/fimcti,ons/cw/cecwo'reg "'s r a riations at3 CF-'-Part 331 -.: C " orp A: INITIAL PROFFERED PERMIT. You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Y signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may req the permit be modified accordingly. You must complete Section II of this form and return the form to the district engii Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit y to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and rr modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not the permit having determined that the permit should be issued as previously written. After evaluating your objections, district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer f authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Yc signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions ther may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 0: form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of tiu: date of this notice. _ C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION provide new information. You may accept or appeal the approved JD or • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOr` APP.EAL.or OBJECTIONS TO AN IMi'IAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR UESTION&OWINFORMATION: -, ° ? , If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: Ms. Amanda D. Jones, Regulatory Specialist also contact: Mr. Arthur Middleton, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R 6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 North Carolina Department of Environment and NL al Resources 1 • • Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary November 20, 2002 Correction for November 13, 2002 letter Mr. Mark Vosberg 224 Fayetteville Street Mall, Suite 400 P.O. Box 387 Raleigh, NC 27602 Subject: Project: Macon Pound Rd. County: Wake TVED NOV The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for wetland impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you, the wetland restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table. Stream (linear feet) Wetland (acres) Riparian Buffer (ft2) Impact 0.315 Mitigation Maximum 0.630 The NCWRP will provide mitigation with an approved combination of wetland restoration, enhancement or preservation. The wetland mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 733-5208. 9;SmcxerI Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Steve Chapin, USACOE-Asheville Mike Parker, DENR Regional Office-Asheville Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Fax: (919) 733-5321 State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. (Bill) Ross, Secretary Alan W. Klimek, P.E., Director September 12, 2002 James Spangler 224 Fayetteville Street Mall Suite 400, PO Box 387 Raleigh, N.C. 27602 Subject: Neuse River Basin Riparian Buffer Rules Macon Pond Road NBRRO 02-187 Wake County Dear Mr. Spangler: T T, 1W A&O Z! NCIDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED SAP 17 2002 The information that was received by the Raleigh Regional Office on August 7, 2002 has been reviewed. The plat map and other information was provided to allow a determination to be made as to whether or not the site would require compliance with the Neuse Buffer Rule. This specific project is referenced by the Raleigh Regional Office as NBRRO 02-187. The features represented on the Wake County Soils and the Raleigh West USGS Quad maps were evaluated to determine their subjectivity to the Neuse Buffer Rule. It was determined that there are no features depicted on either of the maps. Therefore, according the the Rule, this property is not subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233) . This letter addresses only the applicability of the Neuse Buffer Rules. For information relative to the Wetlands 401/404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Steve Mitchell Environmental Scientist cc: RRO/John Dorney Wake County H:\nbrlet.for\nbr02\maconpd.187 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919) 571-4700 FAX (919)571-4700 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper 0 d Macon Pond Road Property `re 224 Fayetteville 5t. Mall Wllham5 Realty ? o ® 5mtei400 a w " L t M M F05tOliceDm357 v o N oca ion a ap Development Co. ` 6 SPANGLER aalegh. NC 27602-0387 w 8 Raleigh North Carolina ,020035 a l [ al l 7 I tw ; :; ,t:r:rn :(slsl546o7s4 , ng mmonmen p e , nc. wr e . : .. . . 69 SPAN LER ENVIRONMENTAL, INC. Land Planning • Permitting February 26, 2003 Ms. Andrea Oswald U.S. Army Corps of Engineers 6508 Falls of Neuse Road Raleigh, NC 27615 Environmental Consulting • Construction Management • Expert Testimony "" ANDS /401 GROUP MAR 0 3 2003 WATER QUALITY SECTION RE: Lee Property - Nationwide Permit Application SEI Project No. 200207010 Dear Ms. Oswald: On behalf of Chaucer Investments, LLC, we hereby submit the following documentation required by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act for activities associated with the disturbance of one (1) degraded wetland area totaling approximately 0.315-acre. In addition, we have enclosed a full sized preliminary site plan for review by the NC DENR - Division of Water Quality (DWQ) as required. The contents of the application outlined below serve as the predischarge notification and contain documentation supporting the terms and conditions of the Nationwide Permit program. Nationwide Permit Application Tab I - Joint permit application for a USACE Nationwide 39 and DWQ 401 Water Quality Certification, including a signed written statement from the applicant designating Spangler Environmental, Inc., as its representative agent, as required. Tab 2 - USGS topographic quadrangle map and NRCS soil survey map with the property boundaries outlined, as required. Tab 3 - Wetland delineation report including routine determination data forms, prepared by Soil & Environmental Consultants, Inc., dated June 11, 2002; USACE Notification of Jurisdictional determination and verification, dated September 16, 2002; and NC DENR - Division of Water 224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel 919-546-0754 fax 919-546-0757 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 910-343-8351 1-866-SPANGLER spangler-sei.com Ms. Andrea Oswald February 26, 2003 Page 2 of 2 Quality confirmation that the subject property is not subject to the Neuse Buffer rules, dated September 12, 2002, as required. Tab 4 - North Carolina Wetlands Restoration Program (NCWRP) confirmation that payment for wetland impacts associated with the subject project is acceptable, as required. Tab 5 - The preliminary site plan including access; property boundaries; building and parking lot layout; utility easements; and area of wetland impact, prepared by John A. Edwards & Company, dated January 21, 2003 as required. In summary, one (1) degraded wetland area totaling approximately 0.315-acre will be impacted by development under the preferred alternative site plan. As compensation, the applicant proposes to create, restore and/or enhance a 0.615-acre wetland area through payment to the North Carolina Wetland Restoration Program. Based on prior experience in wetland restoration, it appears the ecological benefits of creating, restoring and/or enhancing functional values offsite at a 2 : 1 ratio far outweigh the cost of impacting one low quality wetland onsite. We trust this documentation addresses your concerns regarding the proposed activities of this project and look forward to authorization at your earliest convenience. Sincerely, Mark osber Project Manager Encl. 69 SPANGLER ENVIRONMENTAL, INC. CHB?s H P • c?2 k' a ; y ?. AgC2 A t• r M '? s A9C2 ..I AsB2 A9C ?Qr t.? e : ' AQ82 C +n ?, A _"' . 4 Wm ~ •fA•. ` ? APB? y ,?, ? T ? C ? t ^ 62 o ' f' Sub ccct Property a se AsC r - { . r It 11 ^ CaC2 ` t e14 j ? "W ;? ?I G ,+ Chi ??Y. f• r? i.e AQB ?? ?1 Ge C¢82 M APB CeD p is z tA1 e2. y ,. •8 y ? 1 a+ .r + c. ?i, X 82 fCe$2'r1CIa ~ . ,.Ridewo C CIC3. w T OEM y "' e ?, CI Ma CIC3 " 0,- ' ? t = I "14, NOR* K Y 1??? ? ?, - T tk ? ? L .''y -`• ?? ?/'• ?? `Y f. ,T yq .h.' 1 • L Macon Pond Road Pro ert ^+•d'P °^10' 224 Fayettcvrlle St. Mall o _ „ ?? y p W1111am5 Realty E >< smote #400 Post Office Box 367 ® w o b w Soil Survey Development Co. ? ° SPANGLER F111gh,NC27GO2-0367 °i q k Raleigh North Carolina <opx.yhe 0 20035r",-[,...? ^t,i. ice. 2 x.::.(915) 54G 0754 SPANGLER ENVIRONMENTAL, INC. Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimony WETLANDS/ 401 GROUP February 26. 2003 Ms. Andrea Oswald U.S. Army Corps of Engineers 6508 Falls of Neuse Road Raleigh, NC 27615 RE: Lee Property - Nationwide Permit Application SEI Project No. 200207010 Dcar Ms. Oswald: MAR 0 3 2003 WATER QUALITY SECTION On behal f of Chaucer Investments, LLC, we hereby submit the following documentation required by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act for activities associated with the disturbance of one (1) degraded wetland area totaling approximately 0.315-acre. In addition, we have enclosed a full sized preliminary site plan for review by the NC DENR - Division of Water Quality (DWQ) as required. The contents of the application outlined below serve as the predischarge notification and contain documentation supporting the terms and conditions of the Nationwide Permit program. Nationwide Permit Application Tab 1 - Joint permit application for a USACE Nationwide 39 and DWQ 401 Water Quality Certification, including a signed written statement from the applicant designating Spangler Environmental, Inc., as its representative agent, as required. 'Tab 2 - USGS topographic quadrangle map and NRCS soil survey map with the property boundaries outlined, as required. Tab 3 - Wetland delineation report including routine determination data forms, prepared by Soil & Envirrnmental Consultants, Inc., dated June 11, 2002; USACE Notification of Jurisdictional determination and verification, dated September 16, 2002; and NC DENR - Division of Water 224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel 919-546-0754 fax 919-546-0757 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 910-343-8351 1-866-SPANGLER spangler-sei.com Ms. Andrea Oswald February 26, 2003 Page 2 of 2 Quality confirmation that the subject property is not subject to the Neuse Buffer rules, dated September 12, 2002, as required. Tab 4 - North Carolina Wetlands Restoration Program (NCWRP) confirmation that payment for wetland impacts associated with the subject project is acceptable, as required. Tab 5 - The preliminary site plan including access; property boundaries; building and parking lot layout; utility easements; and area of wetland impact, prepared by John A. Edwards & Company, dated January 21, 2003 as required. In summary, one (1) degraded wetland area totaling approximately 0.315-acre will be impacted by development under the preferred alternative site plan. As compensation, the applicant proposes to create, restore and/or enhance a 0.615-acre wetland area through payment to the North Carolina Wetland Restoration Program. Based on prior experience in wetland restoration, it appears the ecological benefits of creating, restoring and/or enhancing functional values offsite at a 2 : 1 ratio far outweigh the cost of impacting one low quality wetland onsite. We trust this documentation addresses your concerns regarding the proposed activities of this project and look forward to authorization at your earliest convenience. Sincerely, Mark osber Project Manager Encl. 69 SPANGLER ENVIRONMENTAL, INC. Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit Section 10 Permit X 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: X II. Applicant Information 1. Owner/Applicant Information Name: Chaucer Investments, LLC - Lee Singleton Mailing Address: 3111 Glenwood Avenue Raleigh. NC 27612 Telephone Number: 919-781-7107 Fax Number: 919-787-2316 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: James A. Spangler, II Company Affiliation: Spangler Environmental, Inc. Mailing Address: PO Box 387 Raleigh, NC 27602-0387 Telephone Number: 919-546-0754 Fax Number: 919-546-0757 E-mail Address: sec inc(a?bellsouth.net Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lee 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN) 0785636290 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Adjacent to the south side of Macon Pond Rd., just west of Blue Ridge Rd., Raleigh, NC (see Tab 1, Figure 1) 5. Site coordinates, if available (UTM or Lat/Long): N 350 49.162', W 780 42.460 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Describe the existing land use or condition of the site at the time of this application: The site is currently vacant and contains low quality vegetation such as Tulip poplar (Liriodendron tulipifera), Red maple (Ater rubrum), Greenbriar (Smilax glauca) and Japanese Grass (Microstegium vimineum). 6. Property size (acres) 2.09 Ac. 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Richland Creek (see Tab 1, Figure 1) 8. River Basin: Neuse River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://l12o.enr.state.nc.us/admin/maps/.) Page 6 of 12 9. Describe the purpose of the proposed work: Proposed commercial office building and parking facility List the type of equipment to be used to construct the project: Bulldozers, back hoes, dump trucks and graders 10. Describe the land use in the vicinity of this project: Commercial office development to the east; residential development to the west; and vacant land to the north and south. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** A Fill 0.315 No N/A Freshwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://Nv_Nvw.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.315 Total area of wetland impact proposed: 0.315 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin, www.mapqucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): F-] uplands ? stream EJ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Economic viability of the project could not be realized under a total avoidance scenario due to the area of developable land. Furthermore, the building volume could not be reduced to a one or two story structure in order to minimize impact due to a parking lot reguiremen_t_ of 4 spaces per 1000 sq. ft. of building volume. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by, the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetiands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for proposed impacts will be achieved through the purchase of credit from the North Carolina Wetland Restoration Program. Due to spatial constraints involved with this project that limit the potential for avoidance and minimization, it is anticipated that mitigation will be required at a 2:1 ratio. Thus, the applicant proposes to fund the creation, restoration and/or enhancement of a 0.630-acre wetland area within the Neuse River Basin as compensation for this proposed impact. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the XCWRP, check the NCWRP website at http://h2o.enr.state.nC.Lis/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):_ Amount of Non-riparian wetland mitigation requested (acres) Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) 0.630 Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes F? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No 1-1 X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No X If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation Total Page 1 I of 12 I f buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. N/A X1. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. DISCUSS stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. N/A XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. City of Raleigh sanitary sewer will be utilized to convey wastewater offsite. _ XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes Fj No X Is this an after-the-fact permit application? Yes F? No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A ? ,r;-5 ? , s`.9N? LLB' r;?6SiDc??i :? v7 ppl'o "t/ent's Signature Date _(Ag ntature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 a d w CHAUCER INVESTMF_NT.s. LLc North Carolina niviginn of -DATE 1NIVOIGE N0 DESCRWTiO ON iPJ'vt}'rGE Af l JU i T iJtUU% 1 ION BALANCE 1-30-03 013003 Macon Pond 200.00 .00 200700 CHFrK G V J I ruFrK '" 11'6 5 TOTAL > DATE -2 6 NUMBER 200.00 i .00 I 200.00 roc OLiRi i1i NLj NLiniii i-UK -iO)L;R RECORDS CHA UCER INVESTMENTS, LLC 311: GLEAT 0OD AVENUE RALEIGH, NC 27612 FIRST UNION NATIONAL BANK OF NORTH CAROLINA CANTON, NC DATE CHECK NO February 20, 2003 1 41565 +rx?,t*xxx,irtrte?x*?tx,tr?rln?*x?tft,?xxx,rxxx*w,tx* t Pay. • Two hundred dollars and n'o cents PAY North Cnro-ma Dmsi.ori of - : TO THE Water Quality ORDER OF 8e-1040 03001 1531 AMOUNT crew*ifi*?w'GUV.l1U WILLIAMS REALTY AND BUILDING CO., 3111 GLENWOOD AVE. (27612) • P.O. BOA{ 18271 RALEIGH, N.C. 27619 TELEPHONE: (919) 781-7107 FAX: (919) 787-2316 Rvn(lors-Buildors Jr?11A ?' "•'ILLI;??1? .lu[:1' r i WJLLJAM"S FN 1) k? ILIAANI?? February 21. 2003 Ms. Amanda Jones Corps of Engineers-Raleigh 6508 Falls of Neuse Road Suite 120 Rale1uh. NC 27615 Dear Ms. Jones: -phis letter is to inlorln you that Chaucer Investments LLC authorizes Spangler Environmental to act as our technical agent for the purpose of environmental issues, including wetland identification, permitting and regulatory coordination at the property located on Macon Pond. Raleigh NC. All site visits need to be coordinate with Span?,,ler. Please feel free to contact me if needed: G. Lee Singleton Chaucer Investments LLC 3111 Glenwood Avenue Raleigh, NC 27612 (919) 781-7107 Sincerely. Lee Singleton U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221462 County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner Chaucer Investments, LLC Attn: Lee Singleton Address 3111 Glenwood Avenue Raleigh NC 27612 Telephone Number 919-781-7107 Authorized RECEIVED SEP 1 6 200' Agent Spangler Environmental, Inc. Attn: Jim Spangler Address 224 Fayetteville Street Mall, Suite 400 Raleigh NC 27602-0387 Telephone Number 919-546-0754 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is located on the south side of Macon Pond Road, approximately 400 feet west of its intersection with Blue Ridge Road, in Raleigh, Wake County, North Carolina. Basis for Determination: The site contains wetlands with indicators of ordinary high water marks, located adjacent to an unnamed tributary of Crabtree Creek, in the Neuse River Basin. Indicate Which of the Following Apply: X There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your- lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Project Manager Signature I_ n eadn 'L- Date Date September 12, 2002 Exp n Date September 12, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. 1Z < V L i/ 1 b -1U Ld Chaucer Investments, LLC File Number: 200221462 Date 9-1: See Secti Attached is: INITIAL PROFFERED PERMIT (Standard Permit or Letter of PROFFERED PERMIT (Standard Permit or Letter of permission) I PERMIT DENIAL X APPROVED JURISDICTIONAL DETERMINATION 1 PRELIMINARY JURISDICTIONAL DETERMINATION 1 .... SEC 'IOI? I? f Il i ientifes your nghts :and options regarding an administrative appeal'of t 'j on Additional ormation maybe found at http ce,.,ar'my.mil/* t/functions/cw/cecwo/reg f nrnc r?miIatinnc °aCFR'Part33I .. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sib the permit document and return it to the district engineer authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with th OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may rec the permit be modified accordingly. You must complete Section II of this form and return the form to the district engi Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and r modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) no the permit having determined that the permit should be issued as previously written. After evaluating your objections district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Y signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive, to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the . • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions the, may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II o; i form and sending the form to the division engineer. This form must be received by the division engineer within 60 days o t'the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION provide new information. You may accept or appeal the approved JD or • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II -REQUEST FOn APPEAL or OBJECTIONS TO AN INii'IAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffer. -. • ;iit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections aec addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Ms. Amanda D. Jones, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R 6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 North Carolina Department of Environment and Nz al Resources Michael F. Easley, Governoc William G. Ross Jr., Secretary NCDENR November 20, 2002 Correction for November 13, 2002 letter Mr. Mark Vosberg "?- VED No L 224 Fayetteville Street Mall, Suite 400 P.O. Box 387 Raleigh, NC 27602 Subject: Project: Macon Pound Rd. County: Wake The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for wetland impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you, the wetland restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table. Stream (linear feet) Wetland (acres) Riparian Buffer (ft) Im act 0.315 Mitigation Maximum 0.630 The NCWRP will provide mitigation with an approved combination of wetland restoration, enhancement or preservation. The wetland mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 733-5208. Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Steve Chapin, USACOE-Asheville Mike Parker, DENR Regional Office-Asheville Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Fax: (919) 733-5321 State of North Carolina Department of Environment and Natural Resources Raleigh Regional office Michael F. Easley, Governor William G. (Bill) Ross, Secretary Alan W. Klimek, P.E., Director September 12, 2002 James Spangler 224 Fayetteville Street Mall Suite 400, PO Box 387 Raleigh, N.C. 27602 Subject: Neuse River Basin Riparian Buffer Rules Macon Pond Road NBRRO 02-187 Wake County Dear Mr. Spangler: AWAIL V -7 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED ciEP 11 2002 The information that Was received by the Raleigh Regional Office on August 7, 2002 has been reviewed. The plat map and other information was provided to allow a determination to be made as to whether or not the site would require compliance with the Neuse Buffer Rule. This specific project is referenced by the Raleigh Regional Office as NBRRO 02-187. The features represented on the Wake County Soils and the Raleigh West USGS Quad maps were evaluated to determine their subjectivity to the Neuse Buffer Rule. It was determined that there are no features depicted on either of the maps. Therefore, according the the Rule, this property is not subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233) . This letter addresses only the applicability of the Neuse Buffer Rules. For information relative to the Wetlands 401/404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Steve Mitchell Environmental Scientist cc: RRO/John Dorney Wake County H:\nbrle L.Tor\nbr02\maconpd.187 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919) 571-4700 FAX (919)571.4700 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper I is r _r I ® e p 1 Macon Pond Road Property F> onrn 224 Fayette, le 5t. Mall Wdhams Realty ? 5ute#400 w n t M L Post Office Box 387 oca ion ap Development Co. n b SPANGLER Wleqh NC 276020387 Raleigh North Carolina ao,Pub o 20035F-ylxrCmwnenui,inc. I r:::• .;;N1,ti:TPl. .:; (919)54G.0754 ��r'•)f t •r' '' `: l`rY�;.'�.. � ice" el, �, ����" !- • •err a� . " `/ ' �a1tRT y /� r .. \ L� . �i / f `• tatty '� �1 � 1. . ''� �'►.,� aY'a` n ,�F`e ��l Vit',/ t a. ;c , C �' a � �� .74 Lit L �"ti4i' w 17kI �1. �' .r , �[." C f�. -t.1C• �r ( M.1 �I t ; ti� f,,. ��. .� }.�.r�' : " r : rte' . F+ / . i � ��Y� •t Ch j 74wi% .54 Mn 'f r � v,�� I�� b �� �!� III h'b 1� h t'' • /:� t� c wC' 'r �► _<4r; '�� ., �' III .,-�,,« : • � ..� 1dir: i �• - �` �it1,Ayy i � .y �, }.rtit®/ .`,s vt ,k. ;;r. t,,� ;•'r � ��� �/ `".' �k '!''� n ' y ,nr 330 660 1320 ApE 1191MUM No In, M RIM W M-1 ) 69 SPANG LER ENVIRONMENTAL, INC. Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimom WETLANDS/ 401 GROUP February 26, 2003 Ms. Andrea Oswald U.S. Army Corps of Engineers 6508 Falls of Neuse Road Raleigh, NC 27615 RE: Lee Property - Nationwide Permit Application SE1 Project No. 200207010 Dear Ms. Oswald: MAR 0 J M03 WATER QUALITY SECTION On behalf of Chaucer Investments, LLC, we hereby submit the following documentation required by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act for activities associated with the disturbance of one (1) degraded wetland area totaling approximately 0.315-acre. In addition, we have enclosed a full sized preliminary site plan for review by the NC DENR - Division of Water Quality (DWQ) as required. The contents of the application outlined below serve as the predischarge notification and contain documentation supporting the terms and conditions of the Nationwide Permit program. Nationwide Permit Application Tab 1 - Joint permit application for a USACE Nationwide 39 and DWQ 401 Water Quality Certification, including a signed written statement from the applicant designating Spangler Environmental, Inc., as its representative agent, as required. Tab 2 - USGS topographic quadrangle map and NRCS soil survey map with the property boundaries outlined, as required. Tab 3 - Wetland delineation report including routine determination data forms, prepared by Soil &: Environmental Consultants, Inc., dated June 11, 2002; USACE Notification of Jurisdictional determination and verification, dated September 16, 2002; and NC DENR - Division of Water 224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel 919-546-0754 fax 919-546-0757 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 910-343-8351 1-866-SPANGLER spangler-sei.com Ms. Andrea Oswald February 26, 2003 Page 2 of 2 Quality confirmation that the subject property is not subject to the Neuse Buffer rules, dated September 12, 2002, as required. "Tab 4 - North Carolina Wetlands Restoration Program (NCWRP) confirmation that payment for wetland impacts associated with the subject project is acceptable, as required. Tab 5 - The preliminary site plan including access; property boundaries; building and parking lot layout; utility easements; and area of wetland impact, prepared by John A. Edwards & Company, dated January 21, 2003 as required. In summary, one (1) degraded wetland area totaling approximately 0.315-acre will be impacted by development under the preferred alternative site plan. As compensation, the applicant proposes to create, restore and/or enhance a 0.615-acre wetland area through payment to the North Carolina Wetland Restoration Program. Based on prior experience in wetland restoration, it appears the ecological benefits of creating, restoring and/or enhancing functional values offsite at a 2 : 1 ratio far outweigh the cost of impacting one low quality wetland onsite. We trust this documentation addresses your concerns regarding the proposed activities of this project and look forward to authorization at your earliest convenience. Sincerely, M/ark osber Project Manager Encl. 69 SPANG LER ENVIRONMENTAL, INC. Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit Section 10 Permit CK 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: II. Applicant Information Owner/Applicant Information Name: Chaucer Investments, LLC - Lee Singleton Mailing Address: 3111 Glenwood Avenue Raleigh, NC 27612 Telephone Number: 919-781-7107 Fax Number: 919-787-2316 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: James A. Spangler, II Company Affiliation: Spangler Environmental, Inc. Mailing Address: PO Box 387 Raleigh, NC 27602-0387 Telephone Number: 919-546-0754 Fax Number: 919-546-0757 E-mail Address: sec inc(a?bellsouth.net Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lee 2. T.I.P. Project Number or State Project Number (NCDOT Only): Property Identification Number (Tax PIN): 0785636290 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Adjacent to the south side of Macon Pond Rd., just west of Blue Ridge Rd., Raleigh, NC (see Tab 1, Figure 1) 5. Site coordinates, if available (UTM or Lat/Long): N 350 49.162', W 780 42.460 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Describe the existing land use or condition of the site at the time of this application: The site is currently vacant and contains low quality vegetation such as Tulip poplar (Liriodendron tulipifera), Red maple (Ater rubrum), Greenbriar (Smilax glauca) and Japanese Grass (Microstegium vimineum). 6. Property size (acres) 2.09 Ac. 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Richland Creek (see Tab 1, Figure 1) 8. River Basin: Neuse River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.eiir.state.nc.us/admin/inaps/.) N/A Page 6 of 12 9. Describe the purpose of the proposed work: Proposed commercial office building and parking facility List the type of equipment to be used to construct the project: Bulldozers, back hoes, dump trucks and graders 10. Describe the land use in the vicinity of this project: Commercial office development to the east; residential development to the west; and vacant land to the north and south. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate: • Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** A Fill 0.315 No N/A Freshwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://wNvw.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.315 Total area of wetland impact proposed: 0.315 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin, www.mapqucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): E] uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Economic viability of the project could not be realized under a total avoidance scenario due to the area of developable land. Furthermore, the building volume could not be reduced to a one or two story structure in order to minimize impact due to a parking lot requirement of 4 spaces per 1000 sq. ft. of building volume. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httn://h2o.enr.state.nc.us/ncwetlands/strin?-)ide.htni1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for proposed impacts will be achieved through the purchase of credit from the North Carolina Wetland Restoration Program. Due to spatial constraints involved with this project that limit the potential for avoidance and minimization, it is anticipated that mitigation will be required at a 2:1 ratio. Thus, the applicant proposes to fund the creation, restoration and/or enhancement of a 0.630-acre wetland area within the Neuse River Basin as compensation for this proposed impact. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nC.Lls/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):_ Amount of Non-riparian wetland mitigation requested (acres) Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes F-] No X If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes F-] No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes F-1 No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes EJ No %If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation Total 0.630 Page 1 I of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Dona of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservatio Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate informatio; identified within 15A NCAC 2B .0242 or .0260. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the Discuss stormwater controls proposed in order to protect surface waters and wetla downstream from the property. N/A XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge wastewater generated from the proposed project, or available capacity of the subject facility. City of Raleigh sanitary sewer will be utilized to convey wastewater offsite. XII1. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes F-] No X Is this an after-the-fact permit application? Yes F-] No XI V. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A 5f%tivlsl. F l?li ?i?.r1a_ , 71vi .19 5AW6lam' Appli of/tent's Signature L Fate (Agent""ignature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 0 ry K 2 W F CHA UCER INVF.STMF.NT.4- 1.1.x' Nor't'h (`arnlina niviGinn of 1 DATE INVOICE NO vcSi;rii?TlgN 1NVOiC;E AMOUNT DEL)UCTION BALANCE 1-30-03 013003 Macon Pond 200.00 .00 200.00 I I I r I f I i i ( I r f I I I i I I 1 CHFCX 26--U3 _!U-- 11565 TOTAL, DATE I NUMBER" ? 200.00 I .00 1 200. 00 I ..PAZ-' ui, invi i niYu RF TAiN FOR YOUR RECORDS CHA UCER INVESTMENTS, LLC ?.i ?i C-_r Ehrrxvvi 4T,, yr x wL i RALEIGH, NC 27612 FIRST UNION NATIONAL BANK OF NORTH CAROLINA CANTON, NC DATE f'..4r. ,:any LnU h nnnAn C?JlUd1? ;GVUJ xxxrt,rxxxxx*rxir*x*x*xxtx txx,rtxxxxxxxxx,txt Pay. Two hundred d6lfars and no cents PAY North Caro jina Ovic nn of TO ]HE Water Quality ORDER OF 86-1040 lo 03001 3°i CHECK NO. AMOUNT 11555 ?+±? + ?-200.00 WILLIAMS REALTY AND BUILDING CO., INC. 3111 GLENWOOD AVE. (27612) • PO. 13OX 18271 RALEIGH, N.C. 27619 TELEPHONE: (919) 781-7107 FAX: (919) 787-2316 Rrnllors-Bli ild-"; -IOHN (' WILL] ANIS hiha,'C. (' "JLL1.1Vs I ncEN I I WILLIAMS Februarv 21. 2003 Ms. Amanda Jones Corps of Engineers-Raleigh 6508 Falls of Neuse Road Suite 120 Raleigh. NC 27615 Dcar Ms. Jones: "fhis letter is to inform you that Chaucer Investments LLC authorizes Spangler Environmental to act as our technical agent for the purpose of environmental issues. including wetland identification, permitting and regulatory coordination at the property located on Macon Pond, Raleigh NC. All site visits need to be coordinate with Span?,lcr. Please feel free to contact me if needed: G. Lee Singleton Chaucer Investments LLC 3111 Glenwood Avenue Raleigh, NC 27612 (919) 781-7107 --S-inncce?rely. Le gleton U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221462 County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner Chaucer Investments, LLC Attn: Lee Singleton Address 3111 Glenwood Avenue Raleigh NC 27612 Telephone Number 919-781-7107 Authorized RECEIVED SEP 1 Agent_ Spangler Environmental, Inc. Attn: Jim Spangler Address 224 Fayetteville Street Mall, Suite Raleigh NC 27602-0387 Telephone Number 919-546-0754 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property i located on the south side of Macon Pond Road, approximately 400 feet west of its intersection with Ridge Road, in Raleigh, Wake County, North Carolina. Basis for Determination: The site contains wetlands with indicators of ordinary high water marks, located adjacent to an unnamed tributary of Crabtree Creek, in the Neuse River Basin. Indicate Which of the Following Apply: X There are waters of the U.S., to include wetlands, on the above described property which we strongly should surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your w, cannot he accomnlished in a timely manner. You may wish to obtain a consultant to obtain a more delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps sta review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval Corps. The Corps will not make a final jurisdictional determination on your property without an approved su X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the jurisdiction have been explained to you. Unless there is a change in the law or our published regulation. determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subjc?:, rc the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the iaw or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Project Manager Signature I XYAQAAd Date September 12. 2002 Exp Date September 12, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. .i bxP W, _ Applicant: Chaucer Investments, LLC File Number: 200221462 Date 9-12-02 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTIORTk e.f it ghtsi'and opttons regardrrrg an administrative appeal of. the above sy il/inet/f mc'tions/cw/cecwo/reg or'' - C/ t ? =y.m usacez tp ormatlom ay?be, ound at i decision d on ( . , . { v?ationsat3C R Pa t331: Corps re A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your tance of the LOP means that you accept the permit in its entirety, and waive all rights i t or accep signature on the Standard Perm to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative form must be received Thi i s neer. Appeal Process by completing Section II of this form and sending the form to the division eng by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - UE r, APPEAL or OBJECTIONS TO AN INi iIAL PROFFERED PERM: REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your obje initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum fi record of the appeal conference or meeting, and any supplemental information that the review officer has determined is neer clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. I-i you may provide additional information to clarify the location of information that is already in the administrative record. ' POINT OF CONTACT FOR QUESTIONS- ORINFORMATION:,,,, If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you ma%l process you may contact: Ms. Amanda D. Jones, Regulatory Specialist also contact: Mr. Arthur Middleton, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R 6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 North Carolina Department of Environment and N? al Resources 1 • Michael F. Easley, Governor r` m ? William G. Ross Jr., Secretary NCDENR November 20, 2002 Correction for November 13, 2002 letter Mr. Mark Vosberg 224 Fayetteville Street Mall, Suite 400 P.O. Box 387 Raleigh. NC 27602 Subject: Project: Macon Pound Rd. County: Wake The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for wetland impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you, the wetland restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mi?idade^ that the NCWRP will accept for this project is also indicated in this table. Stream Wetland (linear feet) (acres) Riparian Buffer (ft2) Impact 0.315 Mitigation Maximum 0.630 The NCWRP will provide mitigation with an approved combination of wetland restoration, enhancement or preservation. The wetland mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 733-5208. Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Steve Chapin, USACOE-Asheville Mike Parker, DENR Regional Office-Asheville Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Fax: (919) 733-5321 State of North Carolina Department of Environment and Natural Resources Raleigh Regional office Michael F. Easley, Governor William G. (Bill) Ross, Secretary Alan W. Klimek, P.E., Director September 12, 2002 James Spangler 224 Fayetteville Street Mall Suite 400, PO Box 387 Raleigh, N.C. 27602 Subject: Neuse River Basin Riparian Buffer Rules Macon Pond Road NBRRO 02-187 Wake County Dear Mr. Spangler: IT NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE RECEIVED SET 17 2( The information that was received by the Raleigh Regional Office on August 7, 2002 has bee reviewed. The plat map and other information was provided to allow a determination to be made a to whether or not the site would require compliance with the Neuse Buffer Rule. This specific projec is referenced by the Raleigh Regional Office as NBRRO 02-187. The features represented on the Wake County Soils and the Raleigh West USGS Quad maps wen evaluated to determine their subjectivity to the Neuse Buffer Rule. It was determined that there arc no features depicted on either of the maps. Therefore, according the the Rule, this property is n., subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection anc Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233) . This letter addresses only the applicability of the Neuse Buffer Rules. For information relative to the Wetlands 401/404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Steve Mitchell Environmental Scientist cc: RRO/John Dorney Wake County H:\nbriet.for\nbr02\maconpd.187 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919) 571-4700 FAX (919)5714700 An Equal Opportunity Affirmative Action Employer 50% recycledHO% post-consumer paper � �L � 1 �� �� �.... �_ ., , �� � �, � � � � —. � �, a. � �� � I�. ., �� �� ,t I �, y Macon Pond Road Property 224 Payettealle St. Mall Wdhams Realt N4 P #400 ® " ' L M ff Box 387 Pot O ocation ap Development Co. o o SPANGLER Pjjh,NC276o2-0387 $ K Raleigh North Carolina wp ht Q 20035 x le Gm-d-1 l I r..NV;-',GN. V !/,L : r919rs46-0754 l p y . . . ... . MCI IN tw, .1% ikNLL--.. PKI"- —vw-. MY KIM imblow qL!L 41 W 69 SPAN LER ENVIRONMENTAL, INC. Land Planning • Permitting February 26, 2003 • Environmental Consulting • Construction Management • Expert Testimony F WETLANDS 1401 GROUP Ms. Andrea Oswald U.S. Army Corps of Engineers 6508 Falls of Neuse Road Raleigh, NC 27615 RE: Lee Property - Nationwide Permit Application SEI Project No. 200207010 Dear Ms. Oswald: MAR 0 3 2003 WATER QUALITY SECTION On behalf of Chaucer Investments, LLC, we hereby submit the following documentation required by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act for activities associated with the disturbance of one (1) degraded wetland area totaling approximately 0.315-acre. In addition, we have enclosed a full sized preliminary site plan for review by the NC DENR - Division of Water Quality (DWQ) as required. The contents of the application outlined below serve as the predischarge notification and contain documentation supporting the terms and conditions of the Nationwide Permit program. Nationwide Permit Application Tab 1 - Joint permit application for a USACE Nationwide 39 and DWQ 401 Water Quality Certification, including a signed written statement from the applicant designating Spangler Environmental, Inc., as its representative agent, as required. Tab 2 - USGS topographic quadrangle map and NRCS soil survey map with the property boundaries outlined, as required. Tab 3 - Wetland delineation report including routine determination data forms, prepared by Soil & Environmental Consultants, Inc., dated June 11, 2002; USACE Notification of Jurisdictional determination and verification, dated September 16, 2002; and NC DENR - Division of Water 224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel 919-546-0754 fax 919-546-0757 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 910-343-8351 1-866-SPANGLER spangler-sei.com Ms. Andrea Oswald February 26, 2003 Page 2 of 2 Quality confirmation that the subject property is not subject to the Neuse Buffer rules, dated September 12, 2002, as required. Tab 4 -North Carolina Wetlands Restoration Program (NCWRP) confirmation that payment for wetland impacts associated with the subject project is acceptable, as required. Tab 5 - The preliminary site plan including access; property boundaries; building and parking lot layout; utility easements; and area of wetland impact, prepared by John A. Edwards & Company. dated January 21, 2003 as required. In summary, one (1) degraded wetland area totaling approximately 0.315-acre will be impacted by development under the preferred alternative site plan. As compensation, the applicant proposes to create, restore and/or enhance a 0.615-acre wetland area through payment to the North Carolina Wetland Restoration Program. Based on prior experience in wetland restoration, it appears the ecological benefits of creating, restoring and/or enhancing functional values offsite at a 2 : 1 ratio far outweigh the cost of impacting one low quality wetland onsite. We trust this documentation addresses your concerns regarding the proposed activities of this project and look forward to authorization at your earliest convenience. Sincerely, Jn, Mark osber Project Manager Encl. 69 SPANGLER ENVIRONMENTAL, INC. Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit Section 10 Permit g 401 Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: D 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: II. Applicant Information Owner/Applicant Information Name: Chaucer Investments, LLC - Lee Singleton Mailing Address: 3111 Glenwood Avenue Raleigh, NC 27612 Telephone Number: 919-781-7107 Fax Number: 919-787-2316 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: James A. Spangler, II Company Affiliation: Spangler Environmental, Inc. Mailing Address: PO Box 387 Raleigh, NC 27602-0387 Telephone Number: 919-546-0754 Fax Number: 919-546-0757 E-mail Address: sec inc(a belIsouth.net Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lee Property 2. T.I.P. Project Number or State Project Number (NCDOT Only) 3. Property Identification Number (Tax PIN) 0785636290 N/A 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Adjacent to the south side of Macon Pond Rd., just west of Blue Ridge Rd., Raleigh, NC (see Tab 1, Figure 1) 5. Site coordinates, if available (UTM or Lat/Long): N 350 49.162', W 780 42.460 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Describe the existing land use or condition of the site at the time of this application: The site is currently vacant and contains low quality vegetation such as Tulip poplar (Liriodendron tulipifera), Red maple (Ater rubrum), Greenbriar (Smilax glauca) and Japanese Grass (Microstegium vimineum). 6. Property size (acres) 2.09 Ac. 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Richland Creek (see Tab 1, Figure 1) 8. River Basin: Neuse River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.statc.nc.us/admin/maps/.) Page 6 of 12 9. Describe the purpose of the proposed work: Proposed commercial office building and parking facility List the type of equipment to be used to construct the project: Bulldozers, back hoes, dump trucks and graders 10. Describe the land use in the vicinity of this project: Commercial office development to the east; residential development to the west; and vacant land to the north and south. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** A Fill 0.315 No N/A Freshwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.Icma.Qov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.315 Total area of wetland impact proposed: 0.315 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us9s.90V. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name Wat) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): F] uplands ? stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Economic viability of the project could not be realized under a total avoidance scenario due to the area of developable land. Furthermore, the building volume could not be reduced to a one or two story structure in order to minimize impact due to a parking lot requirement of 4 spaces per 1000 sq. ft. of building volume. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stri-ngide.litm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for proposed impacts will be achieved through the purchase of credit from the North Carolina Wetland Restoration Program. Due to spatial constraints involved with this project that limit the potential for avoidance and minimization, it is anticipated that mitigation will be required at a 2:1 ratio. Thus, the applicant proposes to fund the creation, restoration and/or enhancement of a 0.630-acre wetland area within the Neuse River Basin as compensation for this proposed impact. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.tis/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):_ Amount of Non-riparian wetland mitigation requested (acres) Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes No tg If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes F-1 No n If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes F-1 No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes E] No 14 If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation Total 0.630 Page 1 1 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A X1. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. N/A XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. City of Raleigh sanitary sewer will be utilized to convey wastewater offsite. X1II. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No PCX XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). XT/0 5f/t?vlTG F„?1/?ll?ivrlb 1Z, 7MI, 1?01 -,2 1/?5 it/? 73 1. G ApplIJ Ot/ ent's Signature ate (ant' ignature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 c N a v 2 W H CHAUCER INVESTMENTS I.LC ATnri- h (1? r,l n, - C DATE INVOICE NO DESCRIPTION INVOICE AMOUNT DEDUC"I ION BALANCE 1-30-03 013003 Macon Pond 200.00 I .00 I I 200.00 I CHECK J i t uECk i 1 J J TOTAL> DATE ` NUMBER L 200 • 00 00 200.00 ?r_n?? ?c r nvr r nrvtJ nu niiv rum Y jum mnuu tub CHAUCER INVESTMENTS, LLC 3111 GLENWOOD AVENUE RALEIGH, NC 27612 FIRST UNION NATIONAL BANK OF NORTH CAROLINA CANTON,NC DATE February 26; .2003 Pay. Two hundred 0611ars and no cents PAY North Carolina Division of TO THF ORDER OF Water Quality /- 88-1040 76 31 03001 CHECK NO. AMOUNT 11565******?20u.?0 WILLIAMS REALTY AND BUILDING CO., 3111 GLENWOOD AVE. (27612) • P.O. BOX 18271 RALEIGH, N.C. 27619 TELEPHONE: (919) 781-7107 FAX: (919) 787-2316 /,errrllnr.s-/luilrlrrs Jr?H?'?' Vl'll.l.l.1AIS Jiil:l. 'f r %kILLIANP, illEN1i WILIAANI.? Februarv 21. 2003 Ms. Amanda Jones Corps of Engineers-Raleigh 6508 Falls of Neuse Road Suite 120 Raleigh. NC 27615 Dear Ms. Jones: 111is letter is to inform you that Chaucer Investments LLC authorizes Spangler Environmental to act as our technical agent for the purpose of environmental issues. including wetland identification, permitting and regulatory coordination at the property located on Macon Pond, Raleigh NC. All site visits need to be coordinate with Spangler. Please feel free to contact me if needed: G. Lee Singleton Chaucer Investments LLC 3111 Glenwood Avenue Raleigh. NC 27612 (919) 781-7107 Sincerely. Lenc? gleton U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221462 County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner Chaucer Investments, LLC Attn: Lee Singleton Address 3111 Glenwood Avenue Raleigh NC 27612 Telephone Number 919-781-7107 Authorized RECEIVED SEP 1 6 2p0° Agent Spangler Environmental, Inc. Attn: Jim Spangler Address 224 Fayetteville Street Mall, Suite 400 Raleigh NC 27602-0387 Telephone Number 919-546-0754 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is located on the south side of Macon Pond Road, approximately 400 feet west of its intersection with Blue Ridge Road, in Raleigh, Wake County, North Carolina. Basis for Determination: The site contains wetlands with indicators of ordinary high water marks, located adjacent to an unnamed tributary of Crabtree Creek, in the Neuse River Basin. Indicate Which of the Following Apply: X There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurFAIctional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your- lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean VN'ater Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Project Manager Signature I 7(Mna Date September 12, 2002 Date September 12, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. _._____.,,....._.?.a.z,:..?.?.._.......-..w.-a:..9..: ?..n•wesFe+i.kw,. .r-,.-_, -..w. ?.-iii4r.+l.?• bt TVAPPE.AL`OP7 IONS-, ` ROUE I , jJES OAPPI Applicant: Chaucer Investments, LLC File Number: 200221462 Date 9-12 Attached is: See Sectic INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) PROFFERED PERMIT Standard Permit or Letter of permission) I PERMIT DENIAL X APPROVED JURISDICTIONAL DETERMINATION L PRELIMINARY JURISDICTIONAL DETERMINATION F SECTI ON1%.TThe'folfowuig;id&ntiftes your rights and:options regarding an administrative appeal *of tl decision. Adchtional tnformation may'be'found at http://usace.army.mil/ineVtunctions/cw/cecwo/reo t Corns reaulations at`33 . R Part 331. ;... A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Y signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with th( OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may req the permit be modified accordingly. You must complete Section II of this form and return the form to the district engh Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit y to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and rr modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not the permit having determined that the permit should be issued as previously written. After evaluating your objections, district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer f authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Y( signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions then, may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II o form and sending the form to the division engineer. This form must be received by the division engineer within 60 days e, ile date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II -REQUEST FOB. APPEAL or OBJECTIONS TO AN IMAAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) REC ?'^^ l;. r• _ "n ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, You may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS"OR INF If you have questions regarding this decision and/or the appeal process you may contact: Ms. Amanda D. Jones, Regulatory Specialist Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 If you only have questions regarding the appeal process you may also contact: Mr. Arthur Middleton, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M 15 Atlanta. Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 Telephone number: North Carolina Department of Environment and NL Michael F. Easley, Governor William G. Ross Jr., Secretary al Resources November 20, 2002 Correction for November 13, 2002 letter Mr. Mark Vosberg 224 Fayetteville Street Mall, Suite 400 P.O. Box 387 Raleigh, NC 27602 Subject: Project: Macon Pound Rd. County: Wake e0 NCDENR Lt.?WED r,1G'v The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for wetland impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you, the wetland restoration that is necessary to satisfy the compc;::,ator}• mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCWRP -NT accept for this project is also indicated in this table. Stream (linear feet) Wetland (acres) Riparian Buffer (ftZ) Impact 0.315 Mitigation Maximum 0.630 The NCWRP will provide mitigation with an approved combination of wetland restoration, enhancement or preservation. The wetland mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 733-5208. Sincer 1 ,? Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Steve Chapin, USACOE-Asheville Mike Parker, DENR Regional Office-Asheville Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Fax: (919) 733-5321 State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. (Bill) Ross, Secretary Allan W. Klimek, P.E., Director September 12, 2002 James Spangler 224 Fayetteville Street Mall Suite 400, PO Box 387 Raleigh, N.C. 27602 Subject: Neuse River Basin Riparian Buffer Rules Macon Pond Road NBRRO 02-187 Wake County Dear Mr. Spangler: 6T, IT • 1NCIDENK NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES RECEIVED SIP 17 2002 The information that was received by the Raleigh Regional Office on August 7, 2002 has been reviewed. The plat map and other information was provided to allow a determination to be made as to whether or not the site would require compliance with the Neuse Buffer Rule. This specific project is referenced by the Raleigh Regional Office as NBRRO 02-187. The features represented on the Wake County Soils and the Raleigh West USGS Quad maps were evaluated to determine their subjectivity to the Neuse Buffer Rule. It was determined that there are no features depicted on either of the maps. Therefore, according the the Rule, this property is not subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233) . This letter addresses only the applicability of the Neuse Buffer Rules. For information relative to the Wetlands 401/404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Steve Mitchell Environmental Scientist cc: RRO/John Dorney Wake County H:\nbrlet.for\nbr02\maconpd.187 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919) 571-4700 FAX (919)571-4700 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper ® i Macon Pond Road Property m s 224 Payett-11l St. Mall _ 6 Wdhams Realty ® Swte#400 ° w " ' t L M PostoraceBox387 v O ° N ° K ion oca ap Development Co. Qale, h NC27602-0387 SPANGLER e w _ Raleigh North Carolina h p zoos s ,? m. em,?o????? m? ?rr•e I ? E' uv:r:: tir +?s:vt vc (919546?0754 P y , . . . : , ,. JAM �7r j(1�? �s, �ji'F.�g�\'i •'♦y' :I'�.�i �•(•�"•' r � r.f. ��.•.,�y�r �:�� `.�; , `� ` �" i � •-� Iris � �"�' ��: 'S +� ;.. , � '� �i#FI� 1►' �` � err �� • •1 , ;r r �` r �, ,� � r;�w r .. •'?iK• ri.`I1 ++Mrd �����, 1 ,� r V 7w1. ,�, H µ'.i., I�.. I .r��•1 p t�.�.. ` f. ��. � I•.i7�^ .f yet-aty+�i�♦ � •.,;,. .:' k ,;.,,••,, 6 I y ` �,y °�`�, �' �►'�`'' "'• �, �j..•, >�" ' `''" Y •,""� ����� � �.;, +til per- �,,;, r• Y,,, Vim' '',•p��i a.'�'7� ��. !(r,i/ � i+ 'y,t ,<.. low UTA Mi ME 77 prop IT 14 N, 1.. �:�. ��T,l� �� ���� III yt •�, �•.�'1--�', �� �'!. 4 , Vt ellh.•- . + .� � • 71,E ; . �� , •,t�. � � - t •D+'R._..� i �'y+ `r+' � , .�, � -11� `�'� � � . MJ ' + IIS ' •',r ,. rf �d �•�, t.i y'.� , � .;,,7�J� 1�� �,I� !'7'M,�°:•�j�t! n 1, ��� � ��i , • 1• '.`•\, 4 \`.wA ` .r �.rtl.f. .•e,.. 1 r.►.,��.tfr'.ii ���Cz rt�Y > 1',R«Y.. r + v, 224 Fy&tcllc 5t. MA GINN • �• • �•.• •i- _ Y� °off 69 SPAN LER ENVIRONMENTAL, INC. Land Planning • Permitting February 26, 2003 Ms. Andrea Oswald U.S. Army Corps of Engineers 6508 Falls of Neuse Road Raleigh, NC 27615 RE: Lee Property - Nationwide Permit Application SEI Project No. 200207010 Dear Ms. Oswald: WATER QUALITY SECTION On behalf of Chaucer Investments, LLC, we hereby submit the following documentation required by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act for activities associated with the disturbance of one (1) degraded wetland area totaling approximately 0.315-acre. In addition, we have enclosed a full sized preliminary site plan for review by the NC DENR - Division of Water Quality (DWQ) as required. The contents of the application outlined below serve as the predischarge notification and contain documentation supporting the terms and conditions of the Nationwide Permit program. Nationwide Permit Application Tab 1 - Joint permit application for a USACE Nationwide 39 and DWQ 401 Water Quality Certification, including a signed written statement from the applicant designating Spangler Environmental, Inc., as its representative agent, as required. 'Fab 2 - USGS topographic quadrangle map and NRCS soil survey map with the property boundaries outlined, as required. Tab 3 - Wetland delineation report including routine determination data forms, prepared by Soil & Environmental Consultants, Inc., dated June 11, 2002; USACE Notification of Jurisdictional determination and verification, dated September 16, 2002; and NC DENR - Division of Water 224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel 919-546-0754 fax 919-546-0757 Environmental Consulting • Construction Management • Expert Testimor WETLANDS/ 401 GROUP ?1-? MAR 0 3 2003 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 910-343-8351 1-866-SPANGLER spangler-sei.com Ms, %iidrea Oswald February 26, 2003 Page 2 of 2 Quality confirmation that the subject property is not subject to the Neuse Buffer rules, dated September 12, 2002, as required. Tab 4 - North Carolina Wetlands Restoration Program (NCWRP) confirmation that payment for wetland impacts associated with the subject project is acceptable, as required. Tab 5 - The preliminary site plan including access; property boundaries; building and parking lot layout: utility easements; and area of wetland impact, prepared by John A. Edwards & Company, dated January 21, 2003 as required. In summary, one (1) degraded wetland area totaling approximately 0.315-acre will be impacted by development under the preferred alternative site plan. As compensation, the applicant proposes to create, restore and/or enhance a 0.615-acre wetland area through payment to the Nort1) : rtrolina Wetland Restoration Program. Based on prior experience in wetland restoration, it appears the ecological benefits of creating, restoring and/or enhancing functional values offsite at a 2 : 1 ratio far outweigh the cost of impacting one low quality wetland onsite. We trust this documentation addresses your concerns regarding the proposed activities of this project and look forward to authorization at your earliest convenience. SinJcerely, Mark osber Project Manager Encl. 69 SPAN LER ENVIRONMENTAL, INC. Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: tK Section 404 Permit Section 10 Permit X 401 Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: II. Applicant Information Owner/Applicant Information Name: Chaucer Investments, LLC - Lee Singleton Mailing Address: 3111 Glenwood Avenue Raleiah, NC 27612 Telephone Number: 919-781-7107 Fax Number: 919-787-2316 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: James A. Sbanaler. II Company Affiliation: Spangler Environmental, Inc. Mailing Address: PO Box 387 Raleieh. NC 27602-0387 Telephone Number: 919-546-0754 Fax Number: 919-546-0757 E-mail Address: sec incaa,bellsouth.net Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lee Property 2. T.I.P. Project Number or State Project Number (NCDOT Only) 3. Property Identification Number (Tax PIN) 4. Location County: Wake 0785636290 N/A Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Adjacent to the south side of Macon Pond Rd., just west of Blue Ridge Rd., Raleigh, NC (see Tab 1, Figure 1) 5. Site coordinates, if available (UTM or Lat/Long): N 350 49.162', W 780 42.460 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Describe the existing land use or condition of the site at the time of this application: The site is currently vacant and contains low quality vegetation such as Tulip poplar (Liriodendron tulipifera), Red maple (Ater rubrum), Greenbriar (Smilax glauca) and Japanese Grass (Microstegium vimineum). 6. Property size (acres): 2.09 Ac. 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Richland Creek (see Tab 1, Figure 1) 8. River Basin: Neuse River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 6 of 12 9. Describe the purpose of the proposed work: Proposed commercial office building and parking facility List the type of equipment to be used to construct the project: Bulldozers, back hoes, dump trucks and graders 10. Describe the land use in the vicinity of this project: Commercial office development to the east; residential development to the west; and vacant land to the north and south. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** A Fill 0.315 No N/A Freshwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at littp://www.feini.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.315 Total area of wetland impact proposed: 0.315 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usas.90v. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin, www.mapgucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name Wat) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Economic viability of the project could not be realized under a total avoidance scenario due to the area of developable land. Furthermore, the building volume could not be reduced to a one or two story structure in order to minimize impact due to a parking lot requirement of 4 spaces per 1000 sq. ft. of building volume. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.litm1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for proposed impacts will be achieved through the purchase of credit from the North Carolina Wetland Restoration Program. Due to spatial constraints involved with this project that limit the potential for avoidance and minimization, it is anticipated that mitigation will be required at a 2:1 ratio. Thus, the applicant proposes to fund the creation, restoration and/or enhancement of a 0.630-acre wetland area within the Neuse River Basin as compensation for this proposed impact. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.iis/,A,rp/index.htm, If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No K If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No KA If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation Total 0.630 Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Dona of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservatic Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate informatio identified within 15A NCAC 2B .0242 or .0260. N/A X1. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the Discuss stormwater controls proposed in order to protect surface waters and wetly downstream from the property. N/A XI1. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge wastewater generated from the proposed project, or available capacity of the subject facility. City of Raleigh sanitary sewer will be utilized to convey wastewater offsite. X1I1. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes F-1 No Is this an after-the-fact permit application? Yes No LZSJ XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). T\lie 1) Appl?C (Agent A enfs Signature V ate 11 gnature is valid only if an authorization letter from the applicant is provided.) , P1,W&_t44 7-M a/1 - - - Z Page 12 of 12 C N v W H CHA UCER INVESTMENTS. L LC hlnYi-h ( .-1 i n4 e , r D•"•TE INVOICE ING DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 1-30-03 013003 Macon Pond 1 200.00 .00 I I 200.00 I I __.__._..---•----_.---.-_.__...__..,._._.? CHECK DATE 6..Q3 [NUMBER 11,565 TOTAL- 200.00 QQ 200 .00 ??.rc v? ?rwi rnwv nc ?nuv rvn i v?rt ncwn o CHA UCER INVESTMENTS, LLC ?i i i vi-111---nVL ?, , RALEIGH, NC 27612 FIRST UNION NATIONAL BANK OF NORTH CAROLINA CANTON,NC DATE February 20,2=3 wwxww,r+rw,twwwirw*w,rw*?tw***w,tw,?**w*w**www,tw Pay. • Two hundred dalfars and no Cents PAY North ("arowi0 Division of CHECK NO. ii56-5 86-1040 03001 11551 AMOUNT *w??*?'23U. ?IU WILLIAMS REALTY AND BUILDING CO., INC. :3111 GLENWOOD AVE. (27612) • P.O. BOY 18271 RALEIGH, N.C. 27619 TELEPHONE: (919) 781-7107 FAX: (919) 787-2316 Rrallors-Builrlrrs JOHN (' tt'ILLL\,A15 1j)1:1, 1 i MLLIANIS r'Itr?s:; - '!; i )\\ EN U WILLIAMS February 21. 2003 .\ Is. Amanda Jones Corps of Engineers-Raleigh 6508 Falls of Neuse Road Suite 120 Ralei<uh. NC 27615 Dear Ms. Jones: 'l'liis letter is to inform you that Chaucer Investments LLC authorizes Spangler Environmental to act as our technical agent for the purpose of environmental issues. including wetland identification, permitting and regulatory coordination at the property located on Macon Pond, Raleigh NC. All site visits need to be coordinate with Span'Icr. Please feel free to contact me if needed: G. Lee Singleton Chaucer Investments LLC 3111 Glenwood Avenue Raleigh, NC 27612 (919) 781-7107 Sincerely. Lee Singleton U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221462 County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner Chaucer Investments, LLC Attn: Lee Singleton Address 3111 Glenwood Avenue Raleigh NC 27612 Telephone Number 919-781-7107 Authorized RECEIVED SEP 1 Agent_ Spangler Environmental, Inc. Attn: Jim Spangler Address 224 Fayetteville Street Mall, Suit Raleigh NC 27602-0387 Telephone Number 919-546-0754 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property located on the south side of Macon Pond Road, approximately 400 feet west of its intersection with Ridge Road, in Raleigh, Wake County, North Carolina. Basis for Determination: The site contains wetlands with indicators of ordinary high water marks located adjacent to an unnamed tributary of Crabtree Creek, in the Neuse River Basin. Indicate Which of the Following Apply: X There are waters of the U.S., to include wetlands, on the above described property which we strongly should surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your v cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps st,, review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval Corps. The Corps will not make a final jurisdictional determination on your property without an approved s X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the jurisdiction have been explained to you. Unless there is a change in the law or our published regulation determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subj.- the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the i m or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Project Manager Signature Date September 12. 2002 Date September 12, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. : a a ;au • `r ik-` T.10 S ` D PROCESS° D P File A licant: Chaucer Investments, LLC Number: 200221462 Date 9-12-02 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter of permission) B Pr'' -,,\ r s T DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E rights and'options regarding an administrative appeal of the above SECTION I The f6IM ng ientifesfyour F decision. Additional lnformafion may tae found at ittp://usace.army.miUinet/fi nctions/cw/cecwo/reg or Corps re lations?at'33 CFR Part 33I.z' , n A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the drscricr cr;-ineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. %,: PRELIMINARY JURISDICTIONAL DETERl\!1N.^.T!",N: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may rovide new information for further consideration by the Corps to reevaluate the JD. p SECTION II - REQUEST FOn APPEAL or OBJECTIONS TO AN INiiIAL.PROFFERED PER? REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your obj initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum . record of the appeal conference or meeting, and any supplemental information that the review officer has determined is net clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. i vnn may nmvirte arlditinnal information to clarify the location of information that is alreadv in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: Ms. Amanda D. Jones, Regulatory Specialist also contact: Mr. Arthur Middleton, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R 6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 Norti? Carolina Department of Environment and Nz Michael F. Easley, Governor William G. Ross Jr., Secretary A Resources November 20, 2002 Correction for November 13, 2002 letter Mr. Mark Vosberg 224 Fayetteville Street Mall, Suite 400 P.O. Box 387 Raleigh, NC 27602 Subject: Project: Macon Pound Rd. County: Wake 1'Il T TJ ` TVED r'?? 200 The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for wetland impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you, the wetland restoration that is necessary to satisfy the compensatory mitigation requirerric-= for this project is summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table. Stream (linear feet) Wetland (acres) Riparian Buffer (ftz) Impact 0.315 Mitigation Maximum 0.630 The NCWRP will provide mitigation with an approved combination of wetland restoration, enhancement or preservation. The wetland mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 733-5208. Sincer 1 Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Steve Chapin, USACOE-Asheville Mike Parker, DENR Regional Office-Asheville er NCDENK Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Fax: (919) 733-5321 State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. (Bill) Ross, Secretary Alan W. Klimek, P.E., Director September 12, 2002 James Spangler 224 Fayetteville Street Mall Suite 400, PO Box 387 Raleigh, N.C. 27602 Subject: Neuse River Basin Riparian Buffer Rules Macon Pond Road NBRRO 02-187 Wake County Dear Mr. Spangler: AWAL V -Y 11 ?! _? NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE RECEIVED SET 17 20 The information that Was received by the Raleigh Regional Office on August 7, 2002 has beer reviewed. The plat map and other information was provided to allow a determination to be made aE to whether or not the site would require compliance with the Neuse Buffer Rule. This specific project is referenced by the Raleigh Regional Office as NBRRO 02-187. The features represented on the Wake County Soils and the Raleigh West USGS Quad maps were evaluated to determine their subjectivity to the Neuse Buffer Rule. It was determined that there are no features depicted on either of the maps. Therefore, according the the Rule, this property is not subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233) . This letter addresses only the applicability of the Neuse Buffer Rules. For information relative to the Wetlands 401/404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Steve Mitchell Environmental Scientist cc: RRO/John Dorney Wake County H:\nbrlet.for\nbr02\maconpd.187 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919) 571-4700 FAX (919)571-4700 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper y I R Macon Pond Road Pro ert p y ^n•?w DATE: 224 Fayetteville St. Mall ? W1111am5 Realty * 5wte9400 u ; p -? 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Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimony February 26, 2003 Ms. Andrea Oswald U.S. Army Corps of Engineers 6508 Falls of Neuse Road Raleigh, NC 27615 IZE: Lee Property - Nationwide Permit Application SEI Project No. 200207010 Dear Ms. Oswald: WETLANDS/ 401 GROUP MAR 0 3 2003 WATER QUALITY SECTION On behalf of Chaucer Investments, LLC, we hereby submit the following documentation required by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act for activities associated with the disturbance of one (1) degraded wetland area totaling approximately 0.315-acre. In addition, we have enclosed a full sized preliminary site plan for review by the NC DENR - Division of Water Quality (DWQ) as required. The contents of the application outlined below serve as the predischarge notification and contain documentation supporting the terms and conditions of the Nationwide Permit program. Nationwide Permit Application Tab 1 - Joint permit application for a USACE Nationwide 39 and DWQ 401 Water Quality Certification, including a signed written statement from the applicant designating Spangler Environmental, Inc., as its representative agent, as required. Tab 2 - USGS topographic quadrangle map and NRCS soil survey map with the property boundaries outlined, as required. Tab 3 - Wetland delineation report including routine determination data forms, prepared by Soil & Environmental Consultants, Inc., dated June 11, 2002; USACE Notification of Jurisdictional determination and verification, dated September 16, 2002; and NC DENR - Division of Water 224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel 919-546-0754 fax 919-546-0757 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 910-343-8351 1-866-SPANGLER Spangler-sei.com Ms. Andrea Oswald February 26, 2003 Page 2 of 2 Quality confirmation that the subject property is not subject to the Neuse Buffer rules, dated September 12, 2002, as required. Tab 4 - North Carolina Wetlands Restoration Program (NCWRP) confirmation that payment foi wetland impacts associated with the subject project is acceptable, as required. Tab 5 - The preliminary site plan including access; property boundaries; building and parking to layout; utility easements; and area of wetland impact, prepared by John A. Edwards & Company dated January 21, 2003 as required. In summary, one (1) degraded wetland area totaling approximately 0.315-acre will be impacted by development under the preferred alternative site plan. As compensation, the applicant proposes to create, restore and/or enhance a 0.615-acre wetland area through payment to the North Carolina Wetland Restoration Program. Based on prior experience in wetland restoration, it appears the ecological benefits of creating, restoring and/or enhancing functional values offsite at a 2 : 1 ratio far outweigh the cost of impacting one low quality wetland onsite. We trust this documentation addresses your concerns regarding the proposed activities of this project and look forward to authorization at your earliest convenience. Sincerely, Mark osber Project Manager Encl. 69 SPANGLER ENVIRONMENTAL, INC. Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit X 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: II. Applicant Information Owner/Applicant Information Name: Chaucer Investments, LLC - Lee Singleton Mailing Address: 3111 Glenwood Avenue Raleigh. NC 27612 Telephone Number: 919-781-7107 Fax Number: 919-787-2316 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: James A. Spangler, II Company Affiliation: Spangler Environmental, Inc. Mailing Address: PO Box 387 Raleigh, NC 27602-0387 Telephone Number: 919-546-0754 Fax Number: 919-546-0757 E-mail Address: sec inc(a bellsouth.net Page 5 of 12 III. Project Information 3 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lee Property 2. T.I.P. Project Number or State Project Number (NCDOT Only): Property Identification Number (Tax PIN): 0785636290 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Adjacent to the south side of Macon Pond Rd., just west of Blue Ridge Rd., Raleigh, NC (see Tab 1, Figure 1) 5. Site coordinates, if available (UTM or Lat/Long): N 350 49.162', W 780 42.460 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Describe the existing land use or condition of the site at the time of this application: The site is currently vacant and contains low quality vegetation such as Tulip poplar (Liriodendron tulipifera), Red maple (Ater rubrum), Greenbriar (Smilax glauca) and Japanese Grass (Microstegium vimineum). 6. Property size (acres): 2.09 Ac. 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Richland Creek (see Tab 1, Figure 1) 8. River Basin: Neuse River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) N/A Page 6 of 12 9. Describe the purpose of the proposed work: Proposed commercial office building and parking facility List the type of equipment to be used to construct the project: Bulldozers, back hoes, dump trucks and graders 10. Describe the land use in the vicinity of this project: Commercial office development to the east; residential development to the west; and vacant land to the north and south. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and- delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** A Fill 0.315 No N/A Freshwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.1ema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.315 Total area of wetland impact proposed: 0.315 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs. gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapgttest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Economic viability of the project could not be realized under a total avoidance scenario due to the area of developable land. Furthermore, the building volume could not be reduced to a one or two story structure in order to minimize impact due to a parking lot requirement of 4 spaces per 1000 sq. ft. of building volume. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for proposed impacts will be achieved through the purchase of credit from the North Carolina Wetland Restoration Program. Due to spatial constraints involved with this project that limit the potential for avoidance and minimization, it is anticipated that mitigation will be required at a 2:1 ratio. Thus, the applicant proposes to fund the creation, restoration and/or enhancement of a 0.630-acre wetland area within the Neuse River Basin as compensation for this proposed impact. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP websile at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):_ Amount of Non-riparian wetland mitigation requested (acres) Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) 0.630 Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes n No n If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation Total Page I I of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation ol'Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. D1."LLlss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. N/A XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. City of Raleigh sanitary sewer will be utilized to convey wastewater offsite. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes F-] No X Is this an after-the-fact permit application? Yes F-] No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A V2 2 VVi r? , 71VC Appl Gent's Signature lime gnature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 N il. K l CHAUCER INVESTMENTS. LLC North (ArnlinA nivicinn of ^ATE "JVCICE NO vc$CnIPTivrv iIV'V'-ICE AMOUNT DEDUCTION BALANCE 1-30-03 013003 Macon Pond I J I f CHECY r DATE G-26-U-) NUMBER 11565 TOTALS 200.00 f f ( 200.00 .00 i I ! I .00 200.00 I I i 1 I 200.00 r LCP%0C UC IN?,n nrvu nt r M111d rv7i YuuR KFCORDS CHAUCER INVESTMENTS, LLC FIRST UNION NATIONAL BANK 3111 GLE." TY00D A y' JN."L` OF NORTH CAROLINA RALEIGH, NC 27612 CANTON,NC 86-1 0 03001 f531 DATE CHECK NO. AMOUNT February 20: '2003 11665 '??2L?0:00 Pay: Two hundred dollars and no Cents PAY North (:?rolin? Division of ORDER of Water Quality WILLIAMS REALTY AND BUILDING CO., :3111 GLENWOOD AVE. (27612) • P.O. 130\ 18271 RALEIGH, N.C. 27619 TELEPHONE: (919) 781-7107 FAX: (919) 787-2316 Rr-ollor.s-Hilildcr.e InHSr ??ILL1:A?IF )VI:I.I' I \AILLLAA15 rknv: tc?:_:.' ., uRl?V I? AAILI,LAV15 February 21. 2003 Ms. Amanda Jones Corps of Engineers-Raleigh 6-508 Falls of Neuse Road Suite 120 Raleigh. NC 27615 Dear Ms. Jones: This letter is to inform you that Chaucer Investments LLC authorizes Spangler Fr?yironmentai to act as our technical agent for the purpose of environmental issues. including wetland identification, permitting and regulatory coordination at the property located on Macon Pond. Raleigh NC. All site visits need to be coordinate with Spangler. Please feel free to contact me if needed: G. Lee Singleton Chaucer Investments LLC 3111 Glenwood Avenue Raleigh, NC 27612 (919) 781-7107 Sincerely. Lee Singleton U.S. ARMY CORPS OF ENGINEERS Wilmington District Action Ill: 200221462, County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner Chaucer Investments, LLC Attn: Lee Singleton Address 3111 Glenwood Avenue Raleigh, NC 27612 Telephone Number 919-781-7107 Authorized RECEIVED SEP 1 6 200? Agent_ Spangler Environmental, Inc. Attn• Jim Spangler Address 224 Fayetteville Street Mall. Suite 400 Raleigh NC 27602-0387 Telephone Number 919-546-0754 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is located on the south side of Macon Pond Road, approximately 400 feet west of its intersection with Blue Ridge Road, in Raleigh, Wake County, North Carolina. Basis for Determination: The site contains wetlands with indicators of ordinary high water marks, located adjacent to an unnamed tributary of Crabtree Creek, in the Neuse River Basin. Indicate Which of the Following Apply: X There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Project Manager Signature Date September 12, 2002 Date September 12, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. - 'a,En:a ?sC'?AAiMSs? -Y E APPEAI ip TIC D' OR APPE' /. z - l? V:'?•.-:a??rtsnSF ,JC i ??' ?, Applicant: Chaucer Investments, LLC File Number: 200221462 ROCS I b Date 9-1: Attached is: See Secti, INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) PROFFERED PERMIT Standard Permit or Letter of permission) 1 PERMIT DENIAL X APPROVED JURISDICTIONAL DETERMINATION I PRELIMINARY JURISDICTIONAL DETERMINATION I SECT IONF' filie followingidentifies your rights and'options regarding an administrative appeal'of tl decision Additio" a'T format ion"'-ma -'be-found at http://usaec.army.mil/inet/functions/cW/cecwo/reg Cores, reywatibns at 33 ?'CFR Part 331: A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit. • ACCEPT: If you received a Standard Pennit, you may sign the permit document and return it to the district engineer authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. ? signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with th • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may req the permit be modified accordingly. You must complete Section II of this form and return the form to the district engi; Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit } to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and n modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not the permit having determined that the permit should be issued as previously written. After evaluating your objections. district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer 1 authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Y( signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions ther_ may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II o? form and sending the form to the division engineer. This form must be received by the division engineer within 60 days o; ilc date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOn APPEAL or OBJECTIONS TO AN IMAAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffers,; n• ;-mit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) RECE d'?~ ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may Drovide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS-, OR=INF If you have questions regarding this decision and/or the appeal process you may contact: Ms. Amanda D. Jones, Regulatory Specialist Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 If you only have questions regarding the appeal process you may also contact: Mr. Arthur Middleton, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M 15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Signature of appellant or agent. DTA'igION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 Telephone number: North Carolina Department of Environment and Nz Michael F. Easley, Governor William G. Ross Jr., Secretary A Resources November 20, 2002 Correction for November 13, 2002 letter Mr. Mark Vosberg 224 Fayetteville Street Mall, Suite 400 P.O. Box 387 Raleigh, NC 27602 Subject: Project: Macon Pound Rd. County: Wake N/ D N The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for wetland impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you, the wetland restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table. Stream (linear feet) Wetland (acres) Riparian Buffer (ftZ) Impact 0.315 Mitigation Maximum 0.630 The NCWRP will provide mitigation with an approved combination of wetland restoration, enhancement or preservation. The wetland mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 733-5208. TIZI_Z4,?o Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Steve Chapin, USACOE-Asheville Mike Parker, DENR Regional Office-Asheville er NCDENR Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Fax: (919) 733-5321 State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. (Bill) Ross, Secretary Alan W. Klimek, P.E., Director September 12, 2002 James Spangler 224 Fayetteville Street Mall Suite 400, PO Box 387 Raleigh, N.C. 27602 Subject: Neuse River Basin Riparian Buffer Rules Macon Pond Road NBRRO 02-187 Wake County Dear Mr. Spangler: AWAk V _r NZ.19 Ayo 6 in NCDENVI NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED SEP ? 1 2002 The information that Was received by the Raleigh Regional Office on August 7, 2002 has been reviewed. The plat map and other information was provided to allow a determination to be made as to whether or not the site would require compliance with the Neuse Buffer Rule. This specific project is referenced by the Raleigh Regional Office as NBRRO 02-187. The features represented on the Wake Countv Soils and the Raleigh West USGS Quad maps were evaluated to determine their subjectivity to the Neuse Buffer Rule. It was determined thwt there are no features depicted on either of the maps. Therefore, according the the Rule, this property is not subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233) . This letter addresses only the applicability of the Neuse Buffer Rules. For information relative to the Wetlands 401/404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Steve Mitchell Environmental Scientist cc: RRO/John Dorney Wake County H:\nbrlet.for\nbr02\maconpd.187 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919) 571-4700 FAX (919)571.4700 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper ® Macon Pond Road Property °n.e: 224 Fayettewlle 5t. Mall &IN Wlham5 RealtY $ 501te#400 t L M Pos[ O ffKe Box 387 P v 0 N oca ion ap Development Co . '? c m b 0 NC 276020387 m eh, SPANGLER $ Raleigh North Carolina , e?.e?.? ? ?„ 9 t o 20035 M I E: : ;vr +; urn (9 1 91 546-0754 P . , : . ., . • Macon Pond Road Pro ert nw.u? o?rt. 224 Fayetteville 5t. Mall _ , ?? p y Wllllam5 Realty k ® Ske0400 t " w Sod Survey Development Co. SPANGL FmtON"5w387 E R , NC 27602 0387 I ? o Raleigh , North Carolina M p 2COHBy.Mk,!! ommb.im. 2 ?:: i;` +rNIAI , ^,G (919) 54G,0754 69 SPANG LER ENVIRONMENTAL, INC. Land Planning • Permitting February 26, 2003 Ms. Andrea Oswald U.S. Army Corps of Engineers 6508 Falls of Neuse Road Raleigh, NC 27615 RE: Lee Property - Nationwide Permit Application SEI Project No. 200207010 Dear Ms. Oswald: WETLANDS/ 401 GROUP MAR 0 3 2003 WATER QUALITY SECTION (fin behalf of Chaucer Investments, LLC, we hereby submit the following documentation required by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act for activities associated with the disturbance of one (1) degraded wetland area totaling approximately 0.315-acre. In addition, we have enclosed a full sized preliminary site plan for review by the NC DENR - Division of Water Quality (DWQ) as required. The contents of the application outlined below serve as the predischarge notification and contain documentation supporting the terms and conditions of the Nationwide Permit program. Nationwide Permit Application Tab 1 - Joint permit application for a USACE Nationwide 39 and DWQ 401 Water Quality Certification, including a signed written statement from the applicant designating Spangler Environmental, Inc., as its representative agent, as required. "Tab 2 - USGS topographic quadrangle map and NRCS soil survey map with the property boundaries outlined, as required. Tab 3 - Wetland delineation report including routine determination data forms, prepared by Soil & Environmental Consultants, Inc., dated June 11, 2002; USACE Notification of Jurisdictional determination and verification, dated September 16, 2002; and NC DENR - Division of Water Environmental Consulting • Construction Management • Expert Testimony 224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel 919-546-0754 fax 919-546-0757 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 910-343-8351 1-866-SPANGLER spangler-sei.com Ms. Andrea Oswald February 26, 2003 Page 2 of 2 Quality confirmation that the subject property is not subject to the Neuse Buffer rules, dated September 12, 2002, as required. Tab 4 - North Carolina Wetlands Restoration Program (NCWRP) confirmation that payment for wetland impacts associated with the subject project is acceptable, as required. Tab 5 - The preliminary site plan including access; property boundaries; building and parking lot layout; utility easements; and area of wetland impact, prepared by John A. Edwards & Company, dated January 21, 2003 as required. In summary, one (1) degraded wetland area totaling approximately 0.315-acre will be impacted by development under the preferred alternative site plan. As compensation, the applicant proposes to create, restore and/or enhance a 0.615-acre wetland area through payment to the North Carolina Wetland Restoration Program. Based on prior experience in wetland restoration, it appears the ecological benefits of creating, restoring and/or enhancing functional values offsite at a 2 : 1 ratio far outweigh the cost of impacting one low quality wetland onsite. We trust this documentation addresses your concerns regarding the proposed activities of this project and look forward to authorization at your earliest convenience. Sincerely, ? )n Mark osber Project Manager Encl. 69 SPANC LER ENVIRONMENTAL, INC. Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit Section 10 Permit 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: II. Applicant Information Owner/Applicant Information Name: Chaucer Investments, LLC - Lee Singleton Mailing Address: 3111 Glenwood Avenue Raleigh, NC 27612 Telephone Number: 919-781-7107 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: James A. Spangler. II Company Affiliation: Spangler Environmental, Inc. Mailing Address: PO Box 387 Raleigh, NC 27602-0387 Telephone Number: 919-546-0754 Fax Number: 919-546-0757 E-mail Address: sec inc(c?bellsouth.net Fax Number: 919-787-2316 Page 5 of 12 III. Project Information 3 6 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lee Property 2. T.I.P. Project Number or State Project Number (NCDOT Only): Property Identification Number (Tax PIN): 0785636290 4. Location N/A Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Adjacent to the south side of Macon Pond Rd., just west of Blue Ridge Rd., Raleigh, NC (see Tab 1, Figure 1) County: Wake 5. Site coordinates, if available (UTM or Lat/Long): N 350 49.162', W 780 42.460 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Describe the existing land use or condition of the site at the time of this application: The site is currently vacant and contains low quality vegetation such as Tulip poplar (Liriodendron tulipifera), Red maple (Ater rubrum), Greenbriar (Smilax glauca) and Japanese Grass (Microstegium vimineum). Property size (acres): 2.09 Ac. 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Richland Creek (see Tab 1, Figure 1) 8. River Basin: Neuse River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.tis/admin/maps/.) Page 6 of 12 9. Describe the purpose of the proposed work: Proposed commercial office building and parking facility IV. V. VI. List the type of equipment to be used to construct the project: Bulldozers, back hoes, dump trucks and graders 10. Describe the land use in the vicinity of this project: Commercial office development to the east; residential development to the west; and vacant land to the north and south. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** A Fill 0.315 No N/A Freshwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.reina.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.315 Total area of wetland impact proposed: 0.315 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as U7' (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands F-1 stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Economic viability of the project could not be realized under a total avoidance scenario due to the area of developable land. Furthermore, the building volume could not be reduced to a one or two story structure in order to minimize impact due to a parking lot requirement of 4 spaces per 1000 sq. ft. of building volume. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strnigide.htni1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for proposed impacts will be achieved through the purchase of credit from the North Carolina Wetland Restoration Program. Due to spatial constraints involved with this project that limit the potential for avoidance and minimization, it is anticipated that mitigation will be required at a 2:1 ratio. Thus, the applicant proposes to fund the creation, restoration and/or enhancement of a 0.630-acre wetland area within the Neuse River Basin as compensation for this proposed impact. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.iis/wrp/index.htni. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes No f If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes F-1 No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes F-I No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes [] No to If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation Total 0.630 Page 1 1 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of'Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A AI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. N/A XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. City of Raleigh sanitary sewer will be utilized to convey wastewater offsite. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes 0 No X Is this an after-the-fact permit application? Yes F-] No M XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A \ i3°. Si Pao r ??' C 1? ' 1/?3 it/?r?'7S l Z C ?: Appl bpt/Ejlgent's Signature 1JULU ( . gC-nt' ignature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 0 cv LL R Z W H North CarnlinA iliviginn of CHA UCER INVESTMENTSs_ L L r DATE !N VOICE N0 DE"GRipTlOid ifvVvi%F AMOUNT _ _DEDUCTION BALANCE 1-30-03 013003 Macon Pond 200.00 .00 200.00 I I I I I I I I I I t I 1 i I I I I I i CHECK CHECK 11565 TOTAL, 200.00 .00 200.00 DATE Z NUMBER Y' LC/1?JC V C I /1lJfl HiVU t(L I HII`I Y V K Y V UK KtLUYCUJ CHAUCER INVESTMENTS, LLC ? GLrEI Y "If"'OODAvr, r?srL ? J111 YL/YV RALEIGH, NC 27612 FIRST UNION NATIONAL BANK OF NORTH CAROLINA CANTON, NC DATA fr'ebrwi y 20,.'.-4003 Pay: ***************************************Two hundred daliars and no cents PAY North Carolina Division of TO THE Water Quality /-?- ORDER OF 86-1040 03001 CHECK NO. AMOUNT 11 1565 ?`i:44?fi*: 200.uu WILLIAIMS REALTY AND BUILDING CO.. 3111 GLENWOOD AVE. (27612) • P.O. BOX 18271 RALEIGH, N.C. 27619 TELEPHONE: (919) 781-7107 FAX: (919) 787-2316 R(wllors-Bui(drr.s' o ttn' r n'it.i.t. us n,r:.'r \\ 11AA MS MLL AVtS February 21. 2003 Ms. Amanda Jones Corps of Engineers-Raleigh 6508 Falls of Neuse Road Suite 120 Ralei(-,h. NC 27615 Dear Ms. Jones: This letter is to inform you that Chaucer Investments LLC authorizes Spangler Environmental to act as our technical agent for the purpose of environmental issues. including wetland identification, permitting and regulatory coordination at the property located on Macon Pond. Raleigh NC. All site visits need to be coordinate with Spanulcr. Please feel free to contact me if needed: G. Lee Singleton Chaucer Investments LLC 3111 Glenwood Avenue Raleigh, NC 27612 (919) 781-7107 -Siinnceerrely. I,e? <Lleton U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221462 County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner "haucer Investments, LLC Attn: Lee Singleton Address 3111 Glenwood Avenue Raleigh NC 27612 Telephone Number 919-781-7107 Authorized RECEIVED SEP 1 6 200' Agent_ Spangler Environmental, Inc. Attn: Jim Spangler Address 224 Favetteville Street Mall, Suite 400 Raleigh NC 27602-0387 Telephone Number 919-546-0754 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is located on the south side of Macon Pond Road, approximately 400 feet west of its intersection with Blue Ridge Road, in Raleigh, Wake County, North Carolina. Basis for Determination: The site contains wetlands with indicators of ordinary high water marks, located adjacent to an unnamed tributary of Crabtree Creek, in the Neuse River Basin. Indicate Which of the Following Apply: X There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Project Manager Signature I X.IAtiasedl-4- Date September 12, 2002 Exp Date September 12, 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. Applicant: Chaucer Investments, LLC File Number: 200221462 Date 9- Attached is: See Secti INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) j PROFFERED PERMIT Standard Permit or Letter of permission) PERMIT DENIAL I X APPROVED JURISDICTIONAL DETERMINATION I PRELIMINARY JURISDICTIONAL DETERMINATION SECTION' e'foll" identifies your rights- :and of regarding an adiriinistrtive appeal of tl decision f al?6rmation. m aybe'found at' http://usace.army.mUinet/functions/cw/cecwo/reg Addilion?, r?,?#gt Co s re ?ti©ns a33 CFR Part x31.. , . A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with th • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may rec, the permit be modified accordingly. You must complete Section II of this form and return the form to the district engi Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit ? to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and n modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not the permit having determined that the permit should be issued as previously written. After evaluating your objections. district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer t authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Y signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions then may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II o form and sending the form to the division engineer. This form must be received by the division engineer within 60 days c, the date of this notice. - C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - UEST i. APPEAL or OBJECTIONS TO AN IN it i'IAL.PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered r,,rmit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) RE r. ' ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. r DINT OF CONTACT FOR QUESTIONS"OK-M If you have questions regarding this decision and/or the appeal process you may contact: Ms. Amanda D. Jones, Regulatory Specialist Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 yIATION: If you only have questions regarding the appeal process you may also contact: Mr. Arthur Middleton, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M 15 Atlanta. Georeia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Sianature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor North Carolina Department of Environment and Nz al Resources Michael F. Easley, Governor William G. Ross Jr., Secretary IT 00 A&?4y MCDENR ern NCDENR November 20, 2002 Correction for November 13, 2002 letter Mr. Mark Vosberg 224 Fayetteville Street Mall, Suite 400 P.O. Box 387 Raleigh, NC 27602 Subject: Project: Macon Pound Rd. County: Wake 'VED (\10,v The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for wetland impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you, the wetland restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this Stream (linear feet) Wetland (acres) Riparian Buffer (ft') Impact 0.315 Mitigation Maximum 0.630 The NCWRP will provide mitigation with an approved combination of wetland restoration, enhancement or preservation. The wetland mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 733-5208. 1 ,? - P-P Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Steve Chapin, USACOE-Asheville Mike Parker, DENR Regional Office-Asheville Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Fax: (919) 733-5321 ® X i!. I ! ert Macon Pond Road Pro h?.erm once: 224 Fayetteville 5t. Mall _ M y p Wllllam5 Realty t o.nw 5mte#400 ® v w u Fosc Office eo» 387 Location Map Development Co. b " 5PANGLER Wlop. NC 27602-0387 W x Raleigh North Carolina w?9hr o 20035r-y1e,n„,o-ui, ,,,!:".(919)546.0754 Py y ww s �t °j,fRl �.��Yy7�'�rr � a� ••� R 1 ' Al 6 11 Rim ��1�.\ rl� �..5'1, �.� t'�` L� R•`,}';q�S'.al^.• ,--Wcrx VIA49 ��� � ' - �' � ����'�`.; .. � a'4 � 'i'Z.L'"•,�:� It1� , . ••i ���/Q.0 �r� ,. t .ICY tjJRI .. v , Fy+'yr,4L♦t, ,'!"P"+" -"„♦ F..31k61 b �`���j." .r.. •'. III ' �•l,. .)^� �+ \�� �,. "'� �� �,_ , . � • Cpl .•},l,t�+;�•� ';`''' if +...t +� �1✓► T ``� .4 ik j.-j Ik � III • ;,. � I � ' � .�, r . -� iE" ,�• „"'' .tom, " e 4 fell jo 17. AI gwgg ooe •ww. Triage On-Hold Letter 2.0 Staff Contact Date 6$) Plan Detail Incomplete .y ? Please provide a location map for the project. • ? Please show all stream impacts including all fill sloes, dissipators, and bank stabilization on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. ? Please indicate all buffer impacts on the site plan, ? Please indicate proposed lot layout as overlays on the site plan, ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all Isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ?: Please provide cross section details showing the provisions for aquatic life passage. / ? Please locate any planned sewer lines on the site plan. `> `?K13 el Please provide the location of any proposed stormwater management practices as required by GC 331Q, 40 all 'KC _ _.,._ 3 3 24k Please provide detall for the stormwater management practices as required by GC /IV ? S I?Ur/h cf/rC- f ? Please specify the percent of project imperviousness area based on the estimated bul?t-out conditions. Qu ? Please indicate all stormwater outfalls on the site plan. /? Gt ! 5 c ?? 0 Gtr {! ? Please Indicate the diffuse flow provision measures on the site plan. fo C ? J U-4 15Wpw ? Please indicate whether or not the proposed Impacts already been conducted. X33 r $) Avoidance and/or Minimization Not Provided 0 The. on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it Is necessary for this project ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the Impacts to the Please revise the plans to avoid the Impacts.. This Office be that the 1abWWon the plans ar can be moved or reconfigured to minimize the Impacts to the Please revise the plans to minimize the Impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve. diffuse flow through the entire buffer then. It may be necessary to provide stormwater management practices that remove nutrients before the stomnaater can be discharged through the buffer. >) Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland Impact was requested. Please provide $ This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. Q Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. Mitigation ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan, The plan must conform . to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of Impacts proposed. ? Please Indicate which 404 Permit the USACE would use to authorize this project. CHAUCER INVESTMENTS, LLC North Carolina Division of „keel 4? J DATE INVOICE NO DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 1-30-03 013003 Macon Pond 200.00 .00 200.00 N01103 unm u3xf J 0 awl dnm Doti / SONVI I N K 2-26-03 11565 TOTAL> 200.00 .00 200.00 DATE NUMBER .. nl CACC nCTA ru / In -A- - -1o oCnno nQ 0~ ~9 ~y ~0 oPO ~ E~ \0~ \ ~R F REX HEALTHCARE INC N 0~~ - 0785.15-64-3242 ruac~ - pONp RSA D a REX HEALTHCARE W SITE 0 a ~ ~ O ~ 1 LAKE BOONE TRAI VICINTY MAP - NO SCALE q I N F C EY & UC WA KINS 785.15-6 430 c~° S 7? 34. 349, g , f ~ ~ ~,~f 2 1 Or' ~ R^ SAO 438 ~ 44 ~ 4 r f l1~; PROPOS f ~ 4 ' 3-STORY 35 00 OFFICE B DING ' ~ E=438.2' ; . i" I I W R YM W n TRACT 1 ~ ~ Z S ' 2.37 E OPOSED . Y~~ ~ ~p ~ PA KIND, • S• F MARY W INS LEE ~ ~ MB 1 86 PG 2076 a• ...1. ~ v' ~ •j.'. ~ 'i.. i 0785.1 3-6290 f,. ~i t i d ' ~ !t Ali I I Cgi I f ~ ...,J O M W 6 N n v P PO o PA G ~ a- I o I c~ o 4 '~Q~ I 1 1 W 1 ~ ~ I , O U ~'f 4 .1.1. 309. 55' W Q 7 r::;ti• m! I U Q fn O ( O N N F CP ` r co N 785.15-6 -7831 M .-i n m ~ ~ m 3 a NOTE: EXISTING TOPOGRAPHY SHOWN IS FROM CITY OF RALEIGH GIS DATA. NO FIELD SURVEY WAS PERFORMED AT N THE TIME OF 1}IIS GRADING PLAN. H CD Z a GRAPHIC SCALE Z 0 _ _ _ _ _ - - _ - o~~ SURVEY FOR: ~ _ 30 0 15 30 00 uv z JOHN A. E ~s COMPANY V• . 30' 12i /os Ln E AD. W, .P,M DRAM BY. WILLIAMS REALTY AND BUILDING IN FEET 9S9 Wade Ave, Rablph N.C. OF 1 inch = 30 tt RALEIGH NORTH CAROLINA Phone (919) 82&A428 JRC N Ol C ALE NO. CHUM BY. FAX (919) 828-4711 •H (0 D DATE RE E-mail Infoolaecozom .,4F. JR. WETLAND IMPACT MAP REVISION BY x ~G ~9 ~y '~o o~° I ~R \0~ \ ~R 0~~ - N F REX HEALTHCARE INC --_1 _ _ . 0785.15-64-3242 ONp ROgp ~ REX HEALTHCARE w SITE 0 a W i~ O J a ~ _ w - - LAKE BOONE TRAI VICINTY MAP - NO SCALE q N F C EY & UC WA KINS ~I 785,15-6 430 ~ S 72'34, 349 8 f Ask 2 ~ \ AAA' X40 ~ 438 ~ ~ ? ~ 4 .f r,. ,4 • f PROPOS -STORY 35 00 OFFICE B DING ~ 3 E=438.2' I . ~ . fr I W F r W .M . F 1 . •~I • i r ~ ~n ~ 1•.~r i 1• ~Q ^ 1 % r :f o . ~ TRACT ~ z o ; z 7 ES f• .4. 2.3 . OPOSED •i... a. ~ ~ r 1 . . : r. PA IN ~ ~ ~ 1. N F 801 BL E RIDG i r fI 14 F MARY W INS LEE • MB 1 86, PG 2076 i .t1 f f•. 0785.1 3-6290 .1 ~ . f i . ~ . . .f;~ i 1 d .If 1 r If • 1.. . 1 ~.t X14. I I U y ~ ~ CB f- 1 0 ~ ~ m P OPO '~s N ~ ~ ~ ~ PA G ~ I co o 4 ~9' •:a Q ~ 0 1 _ W t~ ::CB': ~ ~ • . Q 4 . a .I.t•. O U W Jos. r 55 Q 7 mJ U Q th O O N r N F CP rri N 785.15-6 -7831 l0 (n D Ll. ~ I L 01~ 3 NOTE: E)OSTING TOPOGRAPHY SHOWN IS FROM CITY OF RALEIGH GIS DATA. NO FIELD SURVEY WAS PERFORMED AT N THE TIME OF THIS GRADING PLAN. H z a GRAPHIC SCALE 0 - _ _ _ _ _ _ _ _ sc~ o~~% SURVEY FOR: ~r Q 30 0 16 1o W is JOHN A. ED3 COMPANY i . 30. 1/21/03 N E (D ( IN FEET ~oh mac. DRAM W. WILLIAMS REALTY AND BUILDING ~ Wade 1 inch = 30 fL N Phone (919 828428 JRC OF RALEIGH NORTH CAROLINA BY. FAX (919) 82&47H CD C "F N0` R, WETLAND IMPACT MAP .N 3 ro C - DATE . REVISION BY E~ll x OG ~9 ~y ~0 OPT ~ \0~ \ ER 8~~ - A THCARE INC N F REX HE L 85.15-64-3242 07 " SAC ' - ~ pONO ROgO a REX HEALTHCARE w SITE 0 a o ~ - a _ W ~ _ LAKE BOONE TRAI VICINTY MAP - NO SCALE q N F C EY & UC WA KINS \ U I 785,15-6 430 p~ S 7? 34. 349 g , f ~ 2 ~ 2 4~ 438 ~ ~ 4 r,. • ~ -TRY 35 00 OFFlCE B LNG 3S0 , =438.2' ` ~ ~1 ' l ~tl. W . • ' +r I . ~ .~1 ' x I; 'r ~ ~n •'1 a o TRACT 1 4' I i f z ES ~ ' 2.37 ' OPOSED . ~ PA IN 1'. x' ~ ~ hF 801BLE ~ ' ~ ~ B ILDING LC ~ ~ F • 'f. ~ ~ t F MARY W INS LEE ~ MB 1 86, PG 2076 0785.1 3-6290 . , U ' CB /v~ ~ ~ ~1. ' J `s ' r ~ ~ ~S N n P PO o PA O i Q a `~Q~ ~ :?ti I _ _ O , . W ~ Q . .,~1 ~ 'k I r.~~. 0 U 55 309. I W 6 7 ml U Q 7 1 ~ m 0 0 N N F CP r 785.15-6 -7831 00 N (D ti m m ~ I r L F- Q1 3 NOTE: EXISTING TOPOGRAPHY SHOWN IS FROM CITY OF RALEIGH GIS DATA. NO FIELD SURVEY WAS PERFORMED AT N THE TIME OF THIS GRADING PLAN. H CD Z O GRAPHIC SCALE z u~~ SURVEY FOR: ~ . ~~.uawww a AAU1'ti~~IV Q 30 0 10 7U w JOHN A. tUYYAnLm a %ovmrnn t 1" _ 30' 1/1,21/03 N Camu ft Enpkwm E rv FlD. OK t PACE DRAMM BY: WILLIAMS REALTY AND BUILDING ( IN FEET &W Weds Ave, Raleigh KQ OF JRC 1 inch ® 30 fL Phone (919) RTH CAROLINA N c, c FAX {9191 828,4428 RALEIGH NO 828`4711 ME N0 CHUM BY E-mail 3 irrfooJaeCO:COm JAE. JR. WETLAND IMPACT MAP C- DATE REM REVISION BY x OG ~9 ~y 0 OPT ~ ti~ \0~ \ ~R _ 0~~ X H ALTHCARE INC N F RE E _ _ 0785.15-64-3242 ` IUAC~ F " ~ ROAD a REX HEALTHCARE TE S a a ~ qJp 1' ~ _ LAKE BOONE TRAI VICINTY MAP - NO SCALE A N F C EY & UC WA KINS \ U I 785.15-6 430 S 7234. 349 g ~ f ~ ask 2 a~~ X40 438 ~ ~ ~ 4 r A'l~.~'~. ` r' . 3-STORY 35 00 OFFlCE B DING r Q~ - ~ I -438.2 W I .~1 + L ~n ' ' • •r O M TRACT 1 ° ~ ~ Z 2.37 ES . oPOSEa . r ~ PA KING.... _ ~ r ~ N F 801 BL E RiD ~ B L ' ~ i DING LC . ~ F MARY W INS LEE • MB 1 86, PG e r -6290 ~ 0785.1 3 . ' ' i.. . ~ ~t (~l I • . ca I ~ 0 OD P OPO '~s N ~ PA G ~ ~ ~ O I 4 ~'~q~ I :~;h I 0 W . ;.c~~:....,..,., . I 4 . ..f.}a,.,, 0 :1.t•. w Q 309. I U 7 O O N I N F CP ` 00 785,15-6 -7831 N lD Crl .-i 4.1 LL. ~ I H QI 3 NOTE: EXISTING TOPOGRAPHY SHOWN IS FROM CITY OF D N RALEIGH GIS DATA. NO FIELD SURVEY WAS PERFORMED AT H THE TIME OF 1}IIS GRADING PLAN. C~ M z 0 a Z 0 GRAPHIC SCALE a ~ JO 0 15 JO 50 120 i N JOHN A EDWARD3 8 COMPANY SCAM °AM' SURVEY FOR: SHM E Coonsunft BVkwm . 30' 1/21/03 WILLIAMS REALTY AND BUILDING (IN FEET ) 933 Wade Ave, ~9h N.C. rw. eu a rya onAw+ er. En 1 inch @ 30 M N Cif PIWIIB (919) 828-4428 JRC RALEIGH NORTH CAROLINA OF C .ti FAX (919) 828-4711 niE NO. a.Eacm en lD E-ll lntoolaecozwn CAF JR. WETLAND IMPACT MAP DATE REVISION REV1510N BY ix ~G P9 ~i cti 0 o~ I E~ \0~ \ H ALTHCARE INC N F REX E 0~J - 785.15-64-3242 0 ...`s BACON p OND RO AD a REX HEALTHCARE w SITE 0 a w - _ J ~ ~ x W QY . J LAKE BOONE TRAI VICINTY MAP - NO SCALE q N F C EY & UC WA KINS 785.15-6 430 ~ S ~2 34. 349 g , f ~ 2 ~ Z 440 438 ~ .~'~'r---. 44? ~ 4 1. •1 • ~ 3-STORY 35,000 OFFICE B DING ' ~ ` • E=438.2' I l,l. w • n ~ , M O ~ TRACT 1 ° • • oM ~ . 2 Z 2.37 ES ' ` ~ OPOSED ..'1- . , ~ Y'; ~ PA KIN~~ N F 80 ' ~ .,1: : , • • ,1 ~ B ILDING LC ~ I 1 i f ~ ,f ~ I,• ~ f V 76 F MARY W INS LEE .,f . MB 1 86, PG 20 0 .t. •.l . 1 3-6290 0785. 1. 1 1 I ~ `/1 ! f . ~ ~ V { I L~ a m ~n ~ PO 6 N n PO o PA G I i CO C~ 4 .~Q• Q :•,ti ~.L LLB I 4 a .~.t• 0 U 309. ~ 55 W a m, U Q 7 1 M O 1 I O N N F CP r do N 785.15-6 -7831 (0 .y m n a~ ~ I t m a NOTE: EXISTING TOPOGRAPHY SHOWN IS FROM CITY OF RALEIGH GIS DATA. NO FIELD SURVEY WAS PERFORMED AT N THE T1ME OF THIS GRADING PLAN. U' Z O GRAPHIC SCALE z scuE: DAIS: SURVEY FOR: sr~l ~~uu www a AA\ 1!\l \1~/ Q 30 U JOHN A. M)WAMm a wjvmrnn t 1" = 30' 1 21 03 _ M- in E FU. W. & PACE DRAW BY. WILLIAMS REALTY AND BUILDING ( IN FEET ) 338 wade Ave, 1% Ka OF JRC 1 inch s 30 ft / Phone (TH CAROLINA cn c FAX 919 (919) ) 828,4428 RALEIGH NOR FILE 828-4711 NO. CHECKED BY. E-mall lnfooleeco=n JAE. JR. WETLAND IMPACT MAP DATE D REVISION BY X ~G ~9 ~y ~0 OPT ~ ~ R~pO \ ~J~ 0 - R X HEALTHCARE INC N F E - 0785.15-64-3242 BACON , pONO ROA D a REX HEALTHCARE SITE o a O ~ a _ , ~ . s LAKE BOONE TRAI q VICINTY MAP - NO SCALE N F C EY & UC WA KINS ~I 785,15-6 430 ~ S ?2 34. 349 g ~ f ~ 2 ~ Z aA 440 \ 438 ~ 44 ~ 4 r 3-STORY 35,000 OFFICE B DING ~ Q.~ ~1 E=438.2 ; t. I 1 4, 1, . ' ~ I ~ . ~ W .1 . ' t ~ : ~ ~ ~ ~ O M TRACT 1 ° 2 ES ' 2.37 OPOSED . •U PA KINGY _ I. ' N F 801 BL E RIDG r., ~ S• , ~j ••a'. .,s. ,.r . B ILDNG f A _ V F MARY W INS LEE • , MB 1 86, PG 2076 • o . .t. •.t . 0785,1 3-6290 ~ . I .r~ ~ , , r U ' CB ~ I ~ : f J o m S N n ~ P OPO a PA G ~ I o o 4 .~Q. I • ~.L. 1 LLJ _ `ice I f a .r:t. U W Jos. ~ 55 • a m, Q ~ _ m 0 0 I N N F cP o~ N 785.15-6 -7831 (O m n m I r L F- m Z O NOTE; EXISTING TOPOGRAPHY SHOWN IS FROM CITY OF RALEIGH GIS DATA. NO FIELD SURVEY WAS PERFORMED AT N C!7 THE T1ME OF THIS GRADING PLAN. H z GRAPHIC SCALE z 0 oA~: SURVEY FOR: ~r Q 30 0 1D w w JOHN A. E DS mrnnY 1• = 30 I/21103 Ln E rc) .N cormdft O FLD. W. a PAM DRAM BY. WILLIAMS REALTY AND BUILDING (IN FEED W3 Waft Ave. FtaWgt% KC. Ph" ($19) H2&4428 JRC OF 1 inch = 30 tL N RALEIGH NORTH CAROLINA m C FAX (ue) 82e-4711 ~ NO., a!Egfm BY: 3 E-ll lnfoojaecwm J,,E. JR. WETLAND IMPACT MAP L a DATE RE' REVISION BY x D~ ~9 ~y ~0 Po I ~o G~ ~ ~ R~0 HCARE INC REX HEALT NF ~JE - 0 - - _ 1 -64-3242 0785. 5 MACS P OND ROAD a RE1f HEALTHCARE w 0 SITE a _ _ W - a - LAKE BOONE TRAI A ~ \ U VICINTY MAP - NO SCALE KINS I FC EY& UC WA N 785.15-6 430 S ~2 34. 349 9 F ~ ` 2 ~ ~ q~40 438 ~ 44? 4 r , • ~ PROPOS 1, . ' . , _ FFICE B DING 3 STORY 35,00 0 , I E=438.2' l~,il. . • f `1, y ` W ' i, ~ ~ 1 ~r TRACT 1 ~ ~ ~ ' o z 7 ES OPOSED 2.3 , • r,. , ~ PA ING _ t' - 01 BL E RIDG ~ r N F 8 ~ . ~ . ~ ..:.r MB 1 86 PG 2076 • EE F MARY W INS L K' 0, Y; It ~ ' + , ` 1 /'f. 1.. !1. 1 ,1 , , 0785.1 3-6290 1.~ ' I ' I . I ! ~ 14. V C,. '1 t I i f. ~ , ~ O ly (Y~ ~r• 4~ 'lTs N P PO ° CL PA G I O . i t0 _ ~ a :~.~~Q~ Q I :~:ti 0 f L 1 W ~r ~ ~ :::~:.11~~~~::~~ Q 4 a ~a.t~. ~ 309.55. 0 U W a m, U Q 1 1 I 1 ~..r... O N F CP O N r , lf7 785.15-6 -7831 N (D fYl ti n ~ I NOTE: EXISTING TOPOGRAPHY SHOWN IS FROM CITY OF RALEIGH GIS DATA. NO FIELD SURVEY WAS PERFORMED AT m THE 11ME OF THIS GRADING PLAN. N N H C~ z ° GRAPHIC SCALE a ux~ SURVEY FOR: ~ ~~u~~www a AA~111~\IV - _ 0 15 JO 50 120 JOHN A. EDWAF(Lh`f a wmrnn> . 30' 1/21/03 C-) 30 0 4 m c«c Bvkvws FLD. BK , PAGE DRAW BY: WILLIAMS REALTY AND BUILDING Ln E ro ( IN FEET ) 939 Wade Ave, RelelpK N.C. JRC 1 inch = 30 ft. Phone (919) 828•4428 RALEIGH NORTH CAROLINA x FAX (919) 828„4m RE N6. CHUM WETLAND IMPACT MAP N m C E-mell IMooleecojmm .'AE, JR. DATE REVISION BY fu L D X